Disclaimer
This edited version has been archived due to the length of time since original publication.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: 1051426436385

Date of advice: 11 September 2018

Ruling

Subject: Personal services income

Question 1

Am I subject to the Personal Services Income (PSI) rules?

Answer

Yes. You are subject to the PSI rules.

Question 2

Will the restructure of the business affect my taxation obligations?

Answer

No. As PSI rules apply the taxpayer is required to attribute their net PSI to the taxpayer even if they work through an interposed entity (a company, partnership or trust).

This ruling applies for the following periods:

30 June 2018

30 June 2019

30 June 2020

The scheme commences on:

1 July 2017

Relevant legislative provisions

Income Tax Assessment Act 1997 section 84-5

Income Tax Assessment Act 1997 section 85-30