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This edited version has been archived due to the length of time since original publication.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

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Edited version of your written advice

Authorisation Number: 1051484536271

Date of advice: 20 March 2019

Ruling

Subject: Non-commercial loss

Question

Will the Commissioner exercise the discretion to allow you to include any losses from your forestry activity business in the calculation of your taxable income for the 20XX-XX to 20XX-XX financial years?

Answer

Yes. Having considered your circumstances and the relevant factors the Commissioner has granted his discretion. It is accepted there is a 'lead time' in the nature of your business activity and you will pass a test or make a tax profit within your industry's commercially viable period. Further information on non-commercial losses can be found by searching 'QC 33774' on ato.gov.au

This ruling applies for the following periods:

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commences on:

XX

Relevant facts and circumstances

Your activity is forestry, and you purchased a property for the sole purpose of primary production.

You have two paddocks, paddock one has XX with expected clear-felling after 25 years, and paddock two with high value timbers and expected clear-felling between 40 and 80 years.

You have updated your business plan, and your expected clear-felling of the trees are on schedule for year 20XX.

Relevant legislative provisions

Income Taxation Assessment Act 1997 section 35-55

Income Taxation Assessment Act 1997 paragraph 35-55(1)(b)