• Introduction

    What's new?

    Increasing access to company losses

    On 7 December 2015 the government announced, as part of its National Innovation and Science agenda, that the current ‘same business test’ for company losses will be relaxed to allow businesses to access past year losses when they have entered into new transactions or business activities.

    To give effect to this, a new ‘similar business test’ will be introduced. Under this test, companies will be able to access losses where their business, while not the same, is similar having regard to:

    • the extent to which the company generates assessable income from the same assets and sources, and
    • whether any changes to the business are changes that would reasonably be expected to have been made to a similarly placed business.

    This measure is expected to take effect from 1 July 2015. At the time of publishing, these changes had not become law. For more information, see New legislation.

    Who must complete a losses schedule?

    If any of the following tests apply to your entity (company, trust or superannuation fund), you must complete and submit a losses schedule with your 2016 tax return.

    A losses schedule is required if the entity:

    Company

    Trust

    Fund

    has total of tax losses and net capital losses greater than $100,000 carried forward to later income years

    is required by section 165-13 or 165-96 of the Income Tax Assessment Act 1997 (ITAA 1997) to satisfy the same business test in Subdivision 165-E of that Act to deduct or apply a loss either in the 2015–16 income year or in a later income year or, having passed the continuity of ownership test, has claimed a deduction for tax losses and/or applied net capital losses greater than $100,000

     

     

    is a listed widely-held trust that is required by section 266-125 of Schedule 2F to the Income Tax Assessment Act 1936 (ITAA 1936) to satisfy the same business test in Subdivision 269-F of that Schedule to deduct a tax loss in the 2015–16 or later income years or, having passed the 50% stake test, has claimed a deduction for tax losses greater than $100,000

     

     

    has a changeover time that occurred after 1.00pm by legal time in the Australian Capital Territory on 11 November 1999 and determined that it has an unrealised net loss as defined in the provisions of Subdivision 165-CC of the ITAA 1997

     

     

    is a life insurance company and has a total of complying superannuation class tax losses and net capital losses carried forward to later income years greater than $100,000 (complete part D of the schedule)

     

    has an interest in a controlled foreign company (CFC) that has 2015–16 losses greater than $100,000

    has an interest in a CFC that has deducted or carried forward a loss greater than $100,000 to later income years.

    An entity may need to complete a losses schedule for certain aspects of its net capital losses. While some of the information requested in the losses schedule is also requested in the Capital gains tax (CGT) schedule 2016 (CGT schedule), an entity that completes a losses schedule may also need to complete a CGT schedule.

    If the entity completes a losses schedule in respect of any aspect of its losses, all relevant parts of the schedule must be completed.

    An entity that has joined a consolidated group as a subsidiary member during the income year must lodge a losses schedule covering any non-membership period if the entity satisfies any of the requirements for lodgment of that schedule, including where losses exceed $100,000 at the end of the non-membership period. The amounts at part A of the losses schedule must be transferred to U and V item 13 on the Company tax return 2016.

    Last modified: 26 May 2016QC 48179