You can apply to us to exercise the Commissioner's discretion to allow you to offset your business loss against your other income. The information you include in your application will depend on whether or not you meet the income requirement.
The Commissioner's discretion is only granted in limited circumstances where:
- there are special circumstances outside your control that have prevented you passing one of the four tests, or
- because of the nature of the business, there is a lead time before your business can pass one of the four tests or make a profit.
Special circumstances include natural disasters such as drought, flood, bushfire, cyclones, hailstorms and tsunamis.
Other events may include:
- oil spills
- chemical spray drifts
- disturbances to energy supplies
- government restrictions
- illnesses affecting key personnel
- diseases that destroy livestock and crops
- pest plagues.
For the other events, you must show that the special circumstances were outside your control.
How to apply
You apply for the Commissioner's discretion by lodging a completed private ruling application together with the evidentiary checklist.
A Commissioner's discretion is also available for individuals who do not meet the income requirement but whose business activity is commercially viable .