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Edited version of private advice
Authorisation Number: 1051582685340
Date of advice: 24 September 2019
Ruling
Subject: Non-commercial losses
Question
Will the Commissioner exercise the discretion to allow you to include any losses from your business in the calculation of your taxable income for the 2018-19 year?
Answer
Yes
Having regard to your full circumstances, the Commissioner has granted his discretion as it is accepted that your business activity was affected by special circumstances outside your control which caused you to make a loss. Further information on non-commercial losses can be found by searching 'QC 33774' on ato.gov.au
This ruling applies for the following period:
Year ending 30 June 2019
The scheme commences on:
1 June 2018
Relevant facts and circumstances
In mid 2018 you and your partner attended a course in order to acquire information to combat goat deaths due to a worm.
Based on advice given at the course, medication was administered to the herd resulting in pregnant animals and a prized breeding male dying, the majority of the remaining pregnant animals aborted resulting in only a few births..
The farm is drought stricken and feed is being purchased to feed the livestock.
The farm has sold its herd of cattle as the cost of purchasing feed was not worthwhile.
Up to a hundred natural increase are expected in the 2019-20 year, female animals will be kept to increase the breeding stock and the young male animals will be sold to bring in income.
The purchase of pregnant females is also planned in the 2019-20 year to further increase breeding stocks.
Relevant legislative provisions
Income Tax Assessment Act 1997 subsection 35-10(1)
Income Tax Assessment Act 1997 subsection 35-10(2)
Income Tax Assessment Act 1997 subsection 35-10(2E)
Income Tax Assessment Act 1997 paragraph 35-55(1)(a)