ATO Interpretative Decision

ATO ID 2003/332 (Withdrawn)

Income Tax

Non Commercial Losses: whether business bank interest is assessable income from the business activity
FOI status: may be released

This ATO ID is withdrawn because the meaning of 'from the business activity' for the purposes of the NCL provisions is now considered in TR 2001/14..

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

CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 bank interest received from a business bank account that is used solely for the purposes of depositing takings, withdrawing wages and withdrawing amounts for business expenses, assessable income 'from' the business activity when:

(a): applying the loss deferral rule in Division 35, in subsection 35-10(2) of the Income Tax Assessment Act 1997 (ITAA 1997); or
(b): determining whether the Assessable income test in section 35-30 of the ITAA 1997 has been satisfied.

Decision

Yes. Interest received from a business' ordinary working account that is used solely for the purposes of depositing sales proceeds, and withdrawing amounts for business purchases and for wages, is included as assessable income when:

(a): applying the loss deferral rule in Division 35, in subsection 35-10(2) of the ITAA 1997; or
(b): determining whether the Assessable income test in section 35-30 of the ITAA 1997 has been satisfied.

Facts

An individual taxpayer carries on a business activity that commenced after 1 July 2000. The business activity incurs a loss in the income year in question. The taxpayer has a business bank account that they use solely for the purpose of depositing takings, withdrawing wages and withdrawing amounts for business purchases. The taxpayer earns interest on the bank account in the income year in question.

Reasons for Decision

Division 35 of the ITAA 1997 will apply to defer a non-commercial loss from a business activity carried on by a taxpayer who is an individual unless:

•: their business activity satisfies one of the four tests in Division 35; or
•: the Commissioner has exercised the discretion in section 35-55 for the activity; or
•: the individual comes within the Exception to Division 35, contained in subsection 35-10(4).

(refer subsection 35-10(1) of the ITAA 1997)

One of the four tests is the Assessable income test in section 35-30 of the ITAA 1997, which provides that the loss deferral rule in section 35-10 of the ITAA 1997 will not apply for an income year where the assessable income 'from' the business activity in question 'is at least $20,000'.

If none of the conditions in subsection 35-10(1) of the ITAA 1997 are satisfied, the loss deferral rule applies. Consequently, the taxpayer is required to calculate the amount of their non-commercial loss, for the purposes of subsection 35-10(2) of the ITAA 1997, that is deferred. The amount of this 'loss' is calculated as the excess of their otherwise allowable deductions for this income year, attributable to the business activity, over any assessable income 'from' this activity. The deferred amount cannot be taken into account when calculating their taxable income for the income year in question.

To be included as assessable income for the purposes of Division 35 of the ITAA 1997, in particular the Assessable income test, income must be classified as assessable under Division 6 of the ITAA 1997 for the year in which the taxpayer wishes to apply the Assessable income test. Business bank interest is a business receipt that is generally categorised as ordinary assessable income under Division 6 of the ITAA 1997.

Additionally, the assessable income must be 'from' the business activity in question. Whether an amount of income is 'from' a business activity, depends on whether that activity is the source or origin of that income based on the ordinary meaning of 'from' (see BHP Petroleum (Timor Sea) Pty Ltd & Ors v. Minister for Resources (1994) 49 FCR 155; (1994) 28 ATR 16), or whether that income is an incident of carrying that activity on (see Kidston Goldmines Ltd v. Federal Commissioner of Taxation (1991) 30 FCR 77; 91 ATC 4538; (1991) 22 ATR 168).

Interest earned on a business bank account that the taxpayer uses solely for the purpose of depositing takings, withdrawing wages and withdrawing amounts for business purchases is directly sourced from, or originating from, the business activity. These activities are part of the usual course of any business' activities and interest earned from an account used for these purposes will be from the business.

Therefore, bank interest received from a business bank account that is used solely for depositing takings and withdrawing wages and expenses is income from the business as it is derived in the ordinary course of the taxpayer's business activity. Interest earned in these circumstances should be included as assessable income for the purpose of applying the loss deferral rule in subsection 35-10(2) of the ITAA 1997 and for the purpose of determining whether the Assessable income test in section 35-30 of the ITAA 1997 has been satisfied.

Date of decision: 28 April 2003

Year of income: Year ended 30 June 2001

Legislative References:
Income Tax Assessment Act 1997
   Division 6
   Division 35
   subsection 35-10(2)
   subsection 35-10(4)
   section 35-30
   section 35-35
   section 35-40
   section 35-45
   section 35-55

Case References:
BHP Petroleum (Timor Sea) Pty Ltd & Ors v. Minister for Resources
(1994) 49 FCR 155
(1994) 28 ATR 16

Kidston Goldmines Ltd v. Federal Commissioner of Taxation
   (1991) 30 FCR 77
   91 ATC 4538
   (1991) 22 ATR 168

Related Public Rulings (including Determinations)
Taxation Ruling TR 2001/14

Keywords
Assessable Income test
Interest income
Losses from Non-commercial Activities CoE

Business Line: Business and Personal Taxes Centre of Expertise

Date of publication: 15 May 2003

ISSN: 1445-2782

history

	Date:	Version:
	28 April 2003	Original statement
You are here	9 April 2010	Archived

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