1012564983491 | Legal database

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Edited version of your private ruling

Authorisation Number: 1012564983491

Ruling

Subject: Business - am I in business

Question

Is money derived from advertising assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?

Answer

No.

This ruling applies for the following period

Year ended 30 June 2014

The scheme commences on

1 July 2013

Relevant facts and circumstances

You have an enthusiast website.

You incorporated an advertising banner on your website.

You added the advertising banner to help you cover charges.

You have estimated that you will receive approximately $X for the current financial year.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 6-5.

Reasons for decision

Income received from your activities will be assessable if it is considered that your activities amount to the carrying on of a business as opposed to a hobby or recreational pastime.

Business is defined in section 995-1 of the ITAA 1997 to be any profession, trade, employment, vocation or calling, but does not include occupation as an employee.

The question of whether a business is being carried on is a question of fact and degree and is determined on a year by year basis. If a taxpayer's activities do not amount to the carrying on of a business in one income year, that will not prevent them doing so in a later income year. Similarly, when the extent of an activity falls below what is required for that activity to be commercially viable, the activity may no longer constitute the carrying on of a business.

Taxation Ruling TR 97/11 incorporates the general factors that are considered important in determining the question of whether a business activity is being carried on:

· whether the activity has a significant commercial purpose or character

· whether the taxpayer has more than just an intention to engage in business

· whether the taxpayer has a purpose of profit as well as a prospect of profit from the activity

· whether there is regularity and repetition of the activity

· whether the activity is of the same kind and carried on in a similar manner to that of ordinary trade in that line of business

· whether the activity is planned, organised and carried on in a businesslike manner such that it is described as making a profit

· the size, scale and permanency of the activity, and

· whether the activity is better described as a hobby, a form of recreation or sporting activity.

In your case, you are an enthusiast who has created a website to discuss your hobby. You incorporated an advertising banner in order to cover your costs. You have no intention of making a profit or conducting a business. Your activities amount to that of a hobby and the income received will not be assessable income under section 6-5 of the ITAA 1997.

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