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Compensation and Support Policy Library
Part 10 Types of Income and Assets
10.3 Business Structures and Trusts
10.3.2 Assessing the Income and Assets of Sole Traders and Partnerships
- Assessment of Business Losses for Sole Traders and Partnerships
This topic provides information on the following:
- assessment of business losses for sole traders and partnerships, and
- losses which can be offset.
Assessment of business losses
If a business runs at a loss, a nil amount is included in the income tests. Only the pensioner's share of the net result from a partnership, trust or company is assessed.
Business losses from the current year, or from previous years, are not allowed as deductions from other profits or income derived from unrelated sources, such as:
- earnings,
- superannuation,
- profits from investments, or
- profits from unrelated businesses.
Although the Taxation Office allows losses to be deducted from other income, this is not the case for income testing of pensions..
Losses which can be offset
Losses within a partnership can be offset against the profits of other necessarily related activities if a pensioner is involved in:
- a business or partnership which operates in more than one field, or
- 2 businesses, each operating under a different business structure.
Necessarily related means that if the activity which made a loss had not occurred, then the income from the other activity would:
- not have been earned, or
- have been substantially less.
Example of losses which can and cannot be offset
If a pensioner has an interest in a partnership that consists of a farm operation and a quarrying operation.
The following table describes when the losses can and cannot be offset.
If the farm and quarry operation are carried out on... |
then the losses from the farm... |
the same site and the farm tractor is used on the farm and to transport material and equipment to and from the quarry site |
that relate specifically to the use of the farm tractor can be offset against the business income from the quarry operation. Even though the farm and quarry are two separate operations, they are necessarily related, as the income from the quarry would not have been generated without the use of the farm tractor. |
different sites and are run as unrelated businesses not using equipment in common |
cannot be offset against the quarry. They are separate operations which are not necessarily related. |