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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051389588035

Date of advice: 5 July 2018

Ruling

Subject: Contracts for difference trading

Question

Am I able to claim my net losses against my other income?

Answer

Yes.

Having considered your circumstances, the relevant legislation and taxation rulings surrounding contracts for difference trading, your net loss is able to be deducted against your total assessable income for the income year 2017-2018 as per section 25-40 of the Income Tax Assessment Act 1997 (ITAA 1997).

This ruling applies for the following period:

30 June 2018

The scheme commences on:

1 July 2017

Relevant facts and circumstances

You only traded in contracts for difference (CFD) in one month of 2018.

During that month you made a high volume of trades which lead to a loss.

You performed the trades from your home office.

You entered the trades with the intention of making a profit.

You intend to make trades in the future, after completing some training and getting some better equipment.

You traded under your own name and did not have a registered ABN for the activity.

You are currently employed and have no intention of leaving your job.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-5

Income Tax Assessment Act 1997 Section 8-1

Income Tax Assessment Act 1997 Section 15-15

Income Tax Assessment Act 1997 Section 25-40