Taxpayers who make a net loss in a business activity may, under certain circumstances, claim that loss by offsetting it against their income from other sources. This is restricted by what’s known as the ‘non-commercial losses rule’. Key changes were introduced late last year to further tighten the rules to restrict access by individuals with an adjusted taxable income of $250,000 or more.
The changes apply from the 2009/10 income year. Despite this, taxpayers who exceed the income threshold can, in limited circumstances, still access the benefit by requesting that the Commissioner exercise his discretion to do so. The Tax Office has released an application form and an evidentiary checklist to assist in this process.
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