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Edited version of your written advice
Authorisation Number: 1013138937453
Date of advice: 9 December 2016
Ruling
Subject: Recommencement of Primary Production Averaging
Question 1
Are you entitled to choose to recommence your primary production averaging with 201X being the first year for averaging purposes?
Answer
Yes
This ruling applies for the following period(s)
Year ended 30 June 201X
The scheme commences on
1 July 201X
Relevant facts and circumstances
The arrangement that is the subject of the private ruling is described below.
You are a primary producer who has been averaging your primary production income for more than five years.
In the 201X income tax year you had a large eligible termination payment paid to you following your retirement.
Due to the retirement from your occupation your 201X basic taxable income has been permanently reduced to less than two thirds of your average income.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 392-95
Reasons for decision
You are treated as if you had not carried on business before.
Division 392 ITAA97 allows people who are primary producers for two or more years in a row to even out your income tax liability from year to year by reducing the effect that fluctuations in your taxable income have on the marginal rates of tax that apply to you from year to year.
Section 392-95 ITAA97 allows you to choose that this Division not affect your income tax liability for an income year if you can show that because of retirement or from any other cause your basic taxable income for the reduction year is permanently reduced during that year to less than two thirds of your average taxable income for that year.
As required you have made your choice in writing to the Commissioner and the Commissioner has allowed your choice to reinstate 201X as the first year for primary production averaging. As you have made this choice under s392-95 ITAA97 it applies to assessments for later income years as though you had never carried on a primary production business prior to 201X.
ATO view documents
Taxation Ruling IT 2526