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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051636799791

Date of advice: 18 February 2020

Ruling

Subject: Business losses - single business activity

Question

Are your multiple income-earning activities considered a single business activity for the purposes of Division 35 of the Income Tax Assessment Act 1997?

Answer

Yes. Having considered your circumstances and the factors relevant in determining whether a single business activity is being carried on, the Commissioner considers your multiple income-earning activities are a single business activity. Further information on non-commercial losses can be found by searching 'QC 33774' on ato.gov.au

This ruling applies for the following period

Financial year ended 30 June 2019

The scheme commences on

1 July 2018

Relevant facts and circumstances

Your income for non-commercial loss purposes for the 2018-19 financial year is less than $250,000.

You ceased employment in 20XX.

Upon leaving this employment you established a business (the business), and have developed a portfolio of income earning activities that all revolve around and derive from your prior work experience.

Relevant legislative provisions

Income Tax Assessment Act 1997 Division 35