Private ruling: Commissioner's discretion - non-commercial losses
Date of advice: 31 May 2021
Published: August 2021
Ruling period: Year ended 30 June 20XX | Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Will the Commissioner exercise the discretion to allow you to include any losses from your business activity in the calculation of your taxable income for the 20XX-XX and 20XX-XX financial years? | A1: Having regard to your full circumstances, it is accepted that your business activity was affected by special circumstances outside your control. It is also accepted that, but for the special circumstances, you would have made a tax profit. Consequently, the Commissioner will exercise his discretion. For more information on non-commercial losses, please visit our website ato.gov.au and enter quick code "QC 33774" in the search area at the top of the page.

Relevant facts and circumstances: Your income for non-commercial loss income test purpose exceeded $250,000 in each of the relevant financial years. You carry on a business of primary production since 20XX. The property, which covers XXXXX hectares, is located in State B. The geographical location where the property is located, was declared drought affected by the State B Government from 20XX. Your business model is based on the business being able to grow XX% of the fodder feed required to feed to cattle, cattle are then sold to market and in years where there is surplus grain, some of the surplus grain will be sold to market. You made the decision to maintain your breeder heard of XXX cows, rather than selling through the drought years and facing the need to restock at higher prices. You background roughly XXX cattle solely on grass in the paddock, however, during the drought the traditional feeder steer had to be supplementary fed in the paddock. Supplementary feed was required to bring steers from a weight of XXX kg to feedlot entry rate of XXX kg. As the business was unable to grow their own crops for fodder, grain was required to be purchased. The following total grain was purchased during the previous five years: 20XX - XXX tonnes 20XX - XXX tonnes Jan-June 20XX XXX tonnes Jul-December 20XX - XXX tonnes Jan-June 20XX - XXX tonnes Jul-December 20XX - XXX tonnes Jan-March 20XX - XXX tonnes The delivered cost of Sorghum, Barley and Wheat increased significantly during this period. If it had not been for these circumstances, you expect your business would have made a profit. You expect the business activity to make a profit 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 paragraph 35-55(1)(a) | Income Tax Assessment Act 1997 paragraph 35-55(1)(c)


This ruling applies for the following periods: