What do the changes in the budget for tax deductions for
non-profitable ventures cover?
Q.
In the recent budget the government changed tax deductions for
non-profitable ventures for people with incomes over $250,000. Does
this just apply to examples mentioned, such as hobby farms, or does
it extend to people with holiday homes and negatively geared
investment units where the income does not cover the costs, such as
interest and depreciation? If so, it's a nasty change at a bad time
for a lot of people.
A.
In general, pre-establishment costs are not allowed for those
accessing the non-commercial losses rules currently. That said,
there is a provision in the tax law that allows a five year
write-off for certain pre-business expenses (the 'blackholes'
provisions). When those provisions were introduced in 2006, the
Government included a Commissioner's discretion to allow people who
were using the non-commercial losses provisions to deduct certain
establishment (ie 'blackhole') expenditure against their current
wage and salary income. The measure description in the Budget
states -Taxpayers will still have the ability to apply to the
Commissioner of Taxation for relief from the [new adjusted taxable
income] rules if there are exceptional circumstances or because the
nature of the activities means that a taxpayer is temporarily
carrying on an uncommercial business but the activities they are
undertaking are nonetheless independently assessed as commercially
viable. The upshot is, that if you currently has the benefit of a
Commissioner's discretion, and that discretion carries over into
the new rules, then you should be OK.