Practice Statement Law Administration
(General Administration)

PS LA 2004/3 (GA)

Valuation of goods taken from trading stock for private use by sole traders or partners in a partnership

• This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

  Relying on this Practice Statement

This Practice Statement is an internal instruction to ATO staff, published externally in the interest of open tax administration.

Taxpayers can rely on this Practice Statement to provide them with protection from interest and penalties in the following way. If a statement turns out to be incorrect and taxpayers underpay their tax as a result, they will not have to pay a penalty, nor will they have to pay interest on the underpayment provided they reasonably relied on this Practice Statement in good faith. However, even if they do not have to pay a penalty or interest, taxpayers will have to pay the correct amount of tax provided the time limits under the law allow it.

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This Practice Statement explains how to value goods taken from trading stock for private use by sole traders or partners in a partnership.

What this Practice Statement is about

1. Subdivision 70-D of the Income Tax Assessment Act 1997 contains the rules about including the value of an item of trading stock in assessable income if the trading stock is disposed of outside the ordinary course of business or if the item ceases to be trading stock in certain other circumstances.

2. This Practice Statement explains the approach we will accept to value goods taken from trading stock for private use by sole traders or partners in a partnership.

3. It also specifies record-keeping requirements.

How items of trading stock taken for private use will be valued

4. How an item of trading stock taken for private use is valued depends on whether the item continues to be held by the same individual or individuals. If it is, it is accounted for at cost. If it is not, it is accounted for at market value.^[1]

5. Where an item is taken for private use by:

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a sole trader – it is included in assessable income at cost

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all the partners in a partnership for their joint use – it is included in assessable income at cost, or

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one or more, but not all, of the partners in a partnership – it is included in assessable income at market value.

6. However, in regard to this last point, we accept that where the items are of small value, such that it is difficult or unreasonable for records to be kept (see paragraph 7 of this Practice Statement), the items are taken for joint private use of all of the partners in the partnership and can be accounted for at cost.

Record keeping

7. The following records should be kept in relation to goods taken for private use:

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the date the item is taken from stock

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the reason the item is taken

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a description of the item, and

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the cost or market value of the item (see also paragraphs 8 and 9 of this Practice Statement).

Establishing cost or market value in difficult situations

8. It can be difficult to determine the value of items of trading stock taken for private use in industries where the items of trading stock are:

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used in a manufacturing process

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a range of small items or ingredients, usually of low value

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not suited to inventory systems

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subject to high turnover.

9. For taxpayers in these industries, we publish a schedule which provides amounts that we will accept as estimates of the value of goods taken from trading stock for private use. See Using trading stock for private purposes .

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Examples

Example 1 – sole trader

10. Peter Purple operates a sole trader business as a butcher. He takes a leg of lamb home for his private use. The cost of the leg of lamb is required to be included in the assessable income of the business.

Example 2 – sole trader

11. Over the income year, Peter Purple regularly takes home various cuts of meat for his private use. He lives with his wife and a 10-year-old child.

12. Peter may account for the items by recording the cost of the items as he takes them and include the total amount as assessable income of the business for that income year.

13. Alternatively, Peter can use the schedule published by us each year to calculate the total value of items taken and include that total in the assessable income of the business for the income year. If he did this, the amount that he would include should be calculated at the butcher's rate for 2 adults and one child (16 years or under).

Example 3 – partnership

14. Max and Perdita operate a partnership business together as butchers. They have a joint birthday party and decide to have a spit roast. They take a whole pig from the partnership's trading stock for this purpose. The cost of the whole pig is required to be included in the assessable income of the partnership business.

15. At other times during the income year, Max and Perdita separately take items of trading stock for their private use. Max lives with his wife and a 16-year-old child and Perdita lives with her husband and a 17-year-old child.

16. The partnership business may account for the items of trading stock taken at cost and include the total amount as assessable income of the business for that income year.

17. Alternatively, the partnership business can use the schedule published by us each year to calculate the total value of items taken and include that total in the assessable income of the business for the income year. If they did this, the amount that they would include should be calculated at the butcher's rate for 5 adults (including children over 16 years) and 1 child (16 years or under).

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More information

18. For more information on accounting for any business trading stock that you've taken for private purposes, see Using trading stock for private purposes .

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Amendment history

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© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Date of Issue: 18 June 2004

Date of Effect: 1 July 1997

File 2001/001048; 1-14PA5SZY; 1-1B7MMD56

Related Rulings/Determinations:
TD 2020/1
TD 2021/8
TD 2022/15
TD 2023/7
TD 2024/8

Legislative References:
ITAA 1997 Subdiv 70-D
ITAA 1997 70-90
ITAA 1997 70-100
ITAA 1997 70-110

Business Line:  SB

ISSN: 2651-9526