Private ruling: Lead time
Date of advice: 28 May 2019
Published: November 2019
Ruling period: Year ending 30 June 20XX to 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 forestry operation business in the calculation of your taxable income for the 20XX-XX to 20XX-XX financial years? | A1: Yes. Having considered your circumstances and the relevant factors the Commissioner has granted his discretion. It is accepted there is a 'lead time' in the nature of your business activity and you will pass a test or make a tax profit within your industry's commercially viable period. Further information on non-commercial losses can be found by searching 'QC 33774' on ato.gov.au

Relevant facts and circumstances: You operate a forestry plantation business activity, specifically the cultivation and harvesting of standing hardwood timber. You satisfy the less than $250,000 income requirement set out in subsection 35-10(2E) of the Income Tax Assessment Act 1997 . You have provided independent evidence that attests to a commercially viable period of XX to XX years for your industry and that it is expected that you will make a tax profit in the 20XX-XXfinancial year. The business activity will not satisfy the assessable income test, profits test, real property test or other assets test in the years ruled for.

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)(b)