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Edited version of private advice
Authorisation Number: 1051890233129
Date of advice: 25 August 2021
Ruling
Subject: Non-commercial losses - lead time
Question
Will the Commissioner exercise the discretion in paragraph 35-55(1)(c) of the Income Tax Assessment Act 1997 (ITAA1997) to allow you to include any losses from your business activity in your calculation of taxable income for the 20XX-XX financial year?
Answer
Yes
Having regard to your full circumstances, it is accepted that it is the nature of the business activity that has prevented you making a tax profit. It is also accepted that you will make a tax profit within the commercially viable period for your industry. Consequently, the Commissioner will exercise his discretion in the 20XX-XX financial year.
This ruling applies for the following period:
Year ending 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You do not satisfy the under $250,000 income requirement set out in subsection 35-10(2E) of the ITAA 1997.
You carry on a XXXX manufacturing business with a focus on scientific and medical products which is currently in high demand.
The products are sold in Australia with the majority being exported overseas.
You commenced business operations in the 20XX-XX financial year.
Due to the large start-up capital required to purchase equipment for your business it was not commercially viable for you to make a profit in the 20XX-XX financial year and you suffered a loss.
loss.
You intend to make a profit in the 20XX-XX financial year.
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)