• 25 Tax losses deducted

    Attention

    Warning:

    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    End of attention

    Show at C tax losses from earlier income years, which are deductible in the 2013–14 income year under section 36-15External Link of the ITAA 1997.

    Exclude the film component of any tax loss (film loss). A film loss is shown, to the extent permissible, at item 18 Other deductions.

    Do not show current year foreign losses here. They are included at item 23 Other assessable foreign source income.

    Complete a losses schedule if the trust is a listed widely held trust (as defined in Schedule 2FExternal Link to the ITAA 1936) and the trust is required to pass the same business test in order to claim a deduction for losses in the 2013–14 income year or will be required to pass that test in respect of losses being carried forward to later income years, see Subdivision 269-F of Schedule 2FExternal Link to the ITAA 1936.

    Find out more

    For more information on the requirements for lodging the losses schedule, see the Losses schedule instructions 2014.

    End of find out more

    The following information will help you to complete C:

    • The total of any tax losses shown at C cannot exceed the amount of net income shown at item 24 Total of items 20 to 23.
    • Under the provisions of Schedule 2F to the ITAA 1936, certain conditions have to be satisfied by a trust before it can claim a deduction under section 36-15External Link of the ITAA 1997 for the whole or part of an earlier income year loss. Some trusts may have to work out their net income and tax loss for a year in a special way under Division 268 of Schedule 2FExternal Link. For more information about the trust loss provisions see appendix 8.
    • Complete item 27 Losses information if the income injection test under the trust loss provisions prevents the trust, including a family trust, from fully claiming a deduction for tax losses of an earlier income year in the 2013–14 income year: see Division 270 of Schedule 2FExternal Link to the ITAA 1936.
    • If the trust has net exempt income and an excess of assessable income over total deductions, other than tax losses of earlier income years, deduct the tax loss from the net exempt income and then deduct any remaining amount of tax loss from the excess assessable income: see subsection 36-15(3)External Link of the ITAA 1997.
    • If the trust has net exempt income and an excess of total deductions, other than tax losses of earlier income years, over assessable income, subtract the excess deductions from the net exempt income and then deduct the tax loss from any net exempt income that remains: see subsection 36-15(4)External Link of the ITAA 1997. A trust’s net exempt income is calculated in accordance with section 36-20External Link of the ITAA 1997.
    • Losses may generally be carried forward indefinitely until deducted, irrespective of the year in which the loss was incurred.

    Beneficiaries with no interest in trust capital

    A life tenant is a beneficiary with an interest in the income of the trust estate for the duration of their life, but with no interest in the capital of the trust.

    If the trust includes a beneficiary who is a life tenant or a beneficiary with no interest in the capital of the trust, you cannot claim a deduction for tax losses of earlier income years in calculating the share of those particular beneficiaries in the net income of the trust if the tax losses of previous years are required to be met out of corpus.

    Example 10

    The XYZ trust has tax losses of earlier income years of $2,000. Its net income is $20,000, excluding losses of earlier income years. There are two presently entitled beneficiaries of the trust, each with a 50% interest in the income of the trust. The trust deed requires tax losses to be met out of corpus.

    One beneficiary is a life tenant. The other has an interest in the income and the capital of the trust.

    In calculating the net income of the trust for the life tenant’s share, no account is taken of earlier year losses. The life tenant’s share of the net income of the trust for tax purposes is 50% of $20,000, which is $10,000.

    Conversely, in calculating the other beneficiary’s share of the net income of the trust, earlier year losses are taken into account. That beneficiary’s share of the net income of the trust for tax purposes is 50% of ($20,000 – $2,000), which is $9,000.

    End of example
    Last modified: 30 Oct 2014QC 40282