ATO Interpretative Decision
ATO ID 2002/784
Income Tax
Assessability of a Grant under the Dairy Regional Assistance ProgramFOI status: may be released
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This ATO ID has been amended to improve clarity and include reference to Taxation Ruling TR 2006/3.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is a grant received under the Dairy Regional Assistance Program (DRAP) that will be used for capital expenses associated with establishing a packaging and processing facility included in assessable income under section 15-10 of the Income Tax Assessment Act 1997 ('ITAA 1997')?
Decision
Yes. A grant received under the DRAP that will be used for capital expenses associated with establishing a packaging and processing facility is included in the assessable income of the recipient in the income year that it is received in accordance with section 15-10 of the ITAA 1997.
Facts
The taxpayer operates a dairy farm that produces organically certified milk. This milk is processed and marketed through the established dairy industry structure.
The taxpayer wishes to use the DRAP grant to establish a facility to process and package this milk 'on farm'. This will allow the taxpayer to market the milk outside of the established dairy industry structure so as to better promote the product in its intended market.
The taxpayer will use the grant for capital expenses associated with establishing the processing and packaging facility, as well as revenue expenses associated with operating the facility. This will create employment within the local community in accordance with the requirements of the DRAP.
Reasons for Decision
The DRAP is a grant or subsidy. In accordance with section 15-10 of the ITAA 1997, a grant or subsidy is included in the assessable income of the recipient if it is received in relation to the carrying on of a business. However, a grant or subsidy is not included in the assessable income of the recipient under section 15-10 of the ITAA 1997 if it is received in relation to the establishment of a business.
Whether a person is carrying on the same business or is establishing a new business is considered in Taxation Ruling TR 1999/9. This Ruling states that a business may expand or contract its activities without necessarily ceasing to carry on the same business, and that the organic growth of a business through the adoption of new compatible operations is part of the same business, provided the business retains its identity.
As the taxpayer intends to use the DRAP grant to develop an alternative method of marketing an existing product, it is considered that the grant was received in relation to the carrying on of an existing business rather than establishing a new business. Therefore, the amounts received for the capital expenses associated with establishing the facility are included in the assessable income of the taxpayer in the income year it is received under section 15-10 of the ITAA 1997.
Note: The amounts received for the revenue expenses associated with operating the facility are included in the assessable income of the taxpayer in the year it is received under section 6-5 of the ITAA 1997.
Amendment History
| Date of Amendment | Part | Comment |
|---|---|---|
| 31 October 2014 | Issue | Inserted the following words after DRAP 'that will be used for capital expenses associated with establishing a packaging and processing facility' |
| Decision | Inserted the following words after DRAP 'that will be used for capital expenses associated with establishing a packaging and processing facility' | |
| Reason for Decision | In last paragraph, removed reference to revenue expenses associated with operating the facility and inserted reference to 15-10 of the ITAA 1997
Included a note with reference to section 6-5 of the ITAA 1997 |
|
| Legislative reference | Included reference to section 6-5 of the ITAA 1997 |
Year of income: Year ending 30 June 2002
Legislative References:
Income Tax Assessment Act 1997
section 6-5
section 15-10
Related Public Rulings (including Determinations)
Taxation Ruling TR 1999/9
Taxation Ruling TR 2006/3
Keywords
Income
Grants of financial assistance & funding
Statutory compensation scheme
Dairy industry
Date reviewed: 7 August 2017
ISSN: 1445-2782
| Date: | Version: | |
| 24 May 2002 | Original statement | |
| You are here | 31 October 2014 | Updated statement |