Product Ruling PR 2002/13W
Status: withdrawn
Date of withdrawal: 23 October 2002







[ Note: This is a consolidated version of this document. Refer to the ATO Legal Database (http://law.ato.gov.au) to check its currency and to view the details of all changes.]

Withdrawal notice: 1. Product Ruling PR 2002/13 set out the Commissioner's view on the tax consequences for entities participating in the Palandri America Wine Business (the Project) by entering into a Lease and Management Agreement for the purpose of carrying on a commercial viticulture and wine production business. The Ruling was withdrawn on 23 October 2002 as interests in the Project were no longer being sold under this offer. 2. Although withdrawn, the Ruling continues to apply to Members who were accepted to participate in the Project between 6 February 2002 and 22 October 2002. It may therefore be relied upon subject to there being no material difference in the arrangement, or in the Members' involvement in the arrangement. 3. PR 2002/13 ruled that Members could claim deductions for rent, management fees and interest on loans from Palandri Finance Ltd, although the deductibility of losses was subject to the non-commercial loss rules in Division 35 of the Income Tax Assessment Act 1997 (Division 35). The Commissioner exercised his discretion to allow losses to be offset against other assessable income until the 2003-04 income year. Losses incurred in later years were required to be deferred unless certain conditions were met (see paragraphs 63 to 65 of PR 2002/13). 4. On 24 September 2008 the Supreme Court of Western Australia ordered that the scheme be wound up. The termination of the Project's Agreements on 19 March 2009 meant that Growers were no longer carrying on their own business and, although no further Project fees were incurred, losses after that date are not subject to Division 35. Commissioner of Taxation 6 February 2002 This Ruling has been replaced by PR 2002/120.

Related rulings: TR 2000/8 PR 1999/95 TR 92/1 TR 92/20 TR 97/11 TR 97/16 TD 93/34 TR 98/22 IT 360
Legislative references: ITAA 1997 Part 2-25 ITAA 1997 6-5 ITAA 1997 8-1 ITAA 1997 17-5 ITAA 1997 Division 27 ITAA 1997 Division 35 ITAA 1997 35-10 ITAA 1997 35-10(2) ITAA 1997 35-10(3) ITAA 1997 35-10(4) ITAA 1997 35-30 ITAA 1997 35-35 ITAA 1997 35-40 ITAA 1997 35-45 ITAA 1997 35-55 ITAA 1997 35-55(1) ITAA 1997 35-55(1)(a) ITAA 1997 35-55(1)(b) ITAA 1997 35-55(2) ITAA 1997 Div 70 ITAA 1997 70-35 ITAA 1997 Div 328 ITAA 1997 Subdiv 328-F ITAA 1997 Subdiv 328-G ITAA 1997 328-105 ITAA 1997 328-105(1)(a) ITAA 1997 328-105(1)(b) ITAA 1997 328-285 ITAA 1997 328-285(1) ITAA 1997 328-285(2) ITAA 1936 Div 3 of Part III ITAA 1936 82KL ITAA 1936 82KZL ITAA 1936 82KZL(1) ITAA 1936 82KZME ITAA 1936 82KZME(1) ITAA 1936 82KZME(2) ITAA 1936 82KZME(3) ITAA 1936 82KZME(4) ITAA 1936 82KZME(7) ITAA 1936 82KZMF ITAA 1936 82KZMF(1) ITAA 1936 Pt IVA ITAA 1936 177A ITAA 1936 177C ITAA 1936 177D ITAA 1936 177D(b)
Case references: FCT v. Lau 84 ATC 4929 16 ATR 55
Subject references: carrying on a business commencement of business primary production primary production expenses management fee expenses producing assessable income product rulings public rulings schemes and shams taxation administration tax avoidance tax benefits under tax avoidance tax shelters