Instructions to complete your reconciliation to taxable income or loss.
The items under this heading are the adjustments for tax purposes to reconcile the amount at item 6 – label T Total profit or loss with item 7 – label T Taxable/net income or loss.
Former STS taxpayers
If the company is eligible and is continuing to use the STS (simplified tax system) accounting method, the following might apply.
You might need to make additional adjustments at item 7, if:
- the company is using the STS accounting method and the amounts the company has written at the item 6 Income and Expenses sections of Calculation of total profit or loss are not based on the STS accounting method, or
- the company stops using the STS accounting method.
These adjustments are explained in more detail below. Use Worksheet 2 to help you with the calculations.
Trade debtors and creditors as at 30 June 2023
If the company is eligible and has chosen to continue using the STS accounting method, and has included at any labels at item 6 Income amounts of ordinary income that have been derived but not received in 2022–23, (for example, trade debtors as at 30 June 2023), the amounts not received are not assessable this year.
Include these amounts at item 7 – label Q Other income not included in assessable income.
If the company is eligible and has chosen to continue using the STS accounting method and has included at any labels at item 6 Expenses amounts of general deductions, repairs or tax-related expenses that have been incurred but not paid in 2022–23, (for example, trade creditors as at 30 June 2023), the amounts not paid are not deductible this year.
Include these amounts at item 7 – label W Non-deductible expenses.
Ceasing to use the STS accounting method
You may need to make adjustments if the company has stopped using the STS accounting method and changed to an accruals accounting method this year.
If you have not included anywhere at item 6 Income amounts of ordinary income that the company derived but did not receive while using the STS accounting method (for example, trade debtors as at 30 June 2023), these amounts are assessable this year.
Include these amounts at item 7 – label B Other assessable income.
If you have not included anywhere at item 6 Expenses amounts of general deductions, repairs or tax-related expenses that the company incurred but not paid while using the STS accounting method, (for example, trade creditors as at 30 June 2023), these amounts are deductible this year.
Include these amounts at item 7 – label X Other deductible expenses.
Use Worksheet 2 to help you with the calculations.
Other reconciliation adjustments
Ceasing to hold depreciating assets
If the company has ceased to hold depreciating assets during the income year, include the following amounts (if any) at item 7 – label B Other assessable income:
- the taxable purpose proportion of the termination value of low-cost assets which the company has ceased to hold and for which an immediate deduction has been claimed
- the amount below zero if the closing pool balance of the general small business pool is less than zero
- assessable balancing adjustment amounts on the disposal (or deemed disposal) of, or otherwise ceasing to hold, depreciating assets not subject to the small business entity depreciation rules.
Include at item 7 – label X Other deductible expenses any deductible balancing adjustment amounts where you ceased to hold depreciating assets not deducted under the small business entity depreciation rules.
Include at item 7 – label Q Other income not included in assessable income any profit on sale of depreciating assets included at item 6 Income – label R Other gross income.
Include at item 7 – label W Non-deductible expenses any loss on sale of depreciating assets included at item 6 Expenses – label S All other expenses item 6. See Worksheet 2.
Prepaid expenses
Generally, prepaid expenses are deductible over the eligible service period or 10 years whichever is less. Small business entities and entities that would be small business entities if the aggregated turnover threshold was less than $50 million are entitled to an immediate deduction for prepaid expenses if the 12-month rule applies, that is:
- the expenditure is incurred for a period of service not exceeding 12 months, and
- the eligible service period ends on or before the last day of the next year of income.
If the 12-month rule does not apply, apportion the deduction for the expenditure over the eligible service period or 10 years, whichever is shorter. The immediate deduction under the 12-month rule does not apply to expenditure incurred under a tax shelter agreement.
Broadly, the eligible service period is the period during which the thing is to be done under the agreement in return for the expenditure.
If you are an early balancer and, on a date that was both before 1 July 2023 and falls within 2022–23, you incurred expenditure under a forestry management agreement, phone us on 13 28 66 for further assistance.
For more information, see Deductions for prepaid expenses 2023. If the labels at item 6 Expenses include prepaid expenses that differ from the amounts allowable as deductions in 2022–23, include the reconciliation adjustment at item 7 – label W Non-deductible expenses or X Other deductible expenses as required, see Worksheet 2.
G – Did you have a CGT event during the year?
If a CGT event happened to the company during the income year, or the company had a capital gain amount from a trust, print X in the Yes box at item 7 – label G Did you have a CGT event during the year?.
Otherwise print X in the No box.
CGT events are the different types of transactions or events that may result in a capital gain or capital loss. Many CGT events involve a CGT asset (for example, the disposal of a CGT asset) while other CGT events relate directly to capital receipts.
An Australian resident company makes a capital gain or capital loss if a CGT event happens to any of its worldwide CGT assets. A foreign resident company is only subject to CGT if a CGT event happens to assets that are taxable Australian property. For more information, see the Guide to capital gains tax 2023.
If the company ceases to hold or to use a depreciating asset that was used for both taxable and non-taxable purposes, a CGT event may happen to the asset. A capital gain or capital loss may arise to the extent that the asset was used for a non-taxable purpose.
For more information about CGT events, see the Guide to capital gains tax 2023. This includes:
- a capital gain or capital loss worksheet for calculating a capital gain or capital loss for each CGT event
- a CGT summary worksheet for calculating the company’s net capital gain or net capital loss
- the CGT schedule.
The worksheets help in calculating a company’s net capital gain or net capital loss for the income year and completing the tax return labels that relate to CGT. Completion of the worksheets is not mandatory. Do not attach them to the company tax return, but keep them with the company’s tax records.
However, the company must complete a Capital gains tax schedule 2023 and attach it to the company tax return, if the company has:
- total current year capital gains greater than $10,000, or
- total current year capital losses greater than $10,000.
Consolidated or MEC groups
Transfers of assets between members of the same consolidated or MEC group are not recognised for the head company’s income tax purposes.
Any CGT events occurring between a subsidiary member of the consolidated or MEC group and parties external to the consolidated or MEC group, are taken to be CGT events of the head company of the consolidated or MEC group.
M – Have you applied an exemption or roll-over?
If you have disregarded or deferred a capital gain or capital loss because you are eligible to apply a CGT exemption or roll-over, print X in the Yes box at item 7 – label M. If you are required to lodge a CGT schedule, you may need to provide details of certain CGT exemptions and roll-overs.
If you answered yes at M Have you applied an exemption or roll-over?, print in the CODE box the codes from the list below, for the CGT exemptions and roll-overs you have applied to disregard or defer a capital gain.
Choose the most specific roll-over and exemption that applies, such as Scrip for scrip roll-over (Subdivision 124-M), before you choose a more general roll-over and exemption, such as Replacement asset roll-overs (Division 124). If you have applied more than one CGT exemption or roll-over, select all of the codes that apply. If you are lodging by paper, write the code that represents the CGT exemption or roll-over that deferred or disregarded the largest amount of capital gain.
Code |
Type |
---|---|
A |
Small business active asset reduction |
B |
Small business retirement exemption |
C |
Small business roll-over (Subdivision 152-E) |
D |
Small business 15-year exemption (Subdivision 152-B) |
E |
Foreign resident CGT exemption (Division 855) |
F |
Scrip for scrip roll-over (Subdivision 124-M) |
G |
Inter-company roll-over (Subdivision 126-B) |
H |
Demerger exemption (Subdivision 125-C) |
J |
Capital gains disregarded as a result of the sale of a pre-CGT asset |
K |
Disposal of assets to, or creation of assets in, a wholly-owned company (Division 122) |
L |
Replacement asset roll-overs (Division 124) |
M |
Exchange of shares or units (Subdivision 124-E) |
N |
Exchange of rights or options (Subdivision 124-F) |
O |
Exchange of shares in one company for shares in another company (Division 615) |
P |
Exchange of units in a unit trust for shares in a company (Division 615) |
Q |
Disposal of assets by a trust to a company (Subdivision 124-N) |
R |
Demerger roll-over (Subdivision 125-B) |
S |
Same asset roll-overs (Division 126) |
T |
Small business restructure roll-over (Subdivision 328-G) |
U |
Early stage investor (Subdivision 360-A) |
V |
Venture capital investment (Subdivision 118-F) |
X |
Other exemptions and roll-overs |
Note: use code T if you have either received or disposed of an asset under the Small business restructure roll-over provisions.
If the company is required to lodge a CGT schedule, you may need to provide details of the capital gains deferred or disregarded as a result of applying certain CGT exemptions and roll-overs.
For more information, see Guide to capital gains tax 2023.
Add-back items
Add the following items to item 6 Calculation of total profit or loss – label T Total profit or loss:
- A – Net capital gain
- U – Non-deductible exempt income expenditure
- J – Franking credits
- C – Australian franking credits from a New Zealand franking company
- E – TOFA income from financial arrangements not included in item 6
- B – Other assessable income
- W – Non-deductible expenses
- D – Accounting expenditure in item 6 subject to R&D tax incentive
- Subtotal
A – Net capital gain
Write at item 7 – label A the company’s net capital gain. If the company has used the CGT summary worksheet or CGT schedule this is the amount at:
- part 6 – label 6A of the CGT summary worksheet, or
- part 6 – label A of the CGT schedule.
The company’s net capital gain is the total of the capital gains it made (that are not disregarded other than by one of the small business concessions listed below) reduced by current year capital losses (that are not disregarded), prior year unapplied net capital losses and, if applicable:
- 50% active asset reduction
- retirement exemption
- rollover provisions.
A company is not eligible for the CGT discount.
Any amount received by a company that is referable as NCMI capital gains or Excluded from NCMI capital gains would be included in the calculation of the amount at item 7 – label A Net capital gain.
For more information on:
- NCMI, see Stapled structures
- CGT, see Guide to capital gains tax 2023
- Small business concessions, see Small business CGT concessions.
Include any net capital loss with any unapplied net capital losses carried forward to later income years and record it at item 13 – label V Net capital losses carried forward to later income years.
The company may need to complete either a:
U – Non-deductible exempt income expenditure
Write at item 7 – label U, any expenditure incurred in deriving exempt income written at item 7 – label V Exempt income. Do not include expenditure incurred in deriving exempt income from RSAs or debt deductions allowed by section 25–90 of the ITAA 1997.
J – Franking credits
Write at item 7 – label J the amount of franking credits attached to assessable distributions received from Australian corporate tax entities.
Do not include franking credits attached to:
- a distribution the company receives indirectly, through one or more partnerships or trusts (include these at item 6 – label D Gross distribution from partnerships or E Gross distribution from trusts)
- a distribution that is exempt income or non-assessable non-exempt income
- franked distributions received from a New Zealand franking company (include these at item 7 – label C Australian franking credits from a New Zealand company)
- a distribution where the shares are not held at risk as required under the holding period and related payments rules, if the dividend washing integrity rule applies, or there is other manipulation of the imputation system.
There is no entitlement to a franking tax offset in these circumstances.
Under the simplified imputation system, a company must include in its assessable income the amount of franking credits attached to assessable franked distributions received.
The maximum franking credit that can be allocated to a frankable distribution is based on the corporate tax rate for imputation purposes of the company making the distribution.
For 2022–23, a company's corporate tax rate for imputation purposes may be either 25% or 30%, depending on the company's circumstances. For more information, see Allocating franking credits.
Example 9
Bee Jay’s Honey Pty Ltd received the following 3 payments for the income year:
- Company X paid Bee Jay’s Honey a franked dividend of $700 with a $200 franking credit attached.
- Company Y paid Bee Jay’s Honey a franked dividend of $7,000 purportedly with a $3,500 franking credit attached.
- Company Z paid Bee Jay’s Honey a franked non-share dividend of $14,000 with a $6,000 franking credit attached.
Companies X, Y and Z each have a corporate tax rate for imputation purposes of 30% and this determines the maximum franking credit that Bee Jay's Honey can report for each of the distributions that it receives.
Company |
Amount of frankable distribution |
Franking credit attached to distribution received |
Maximum franking credit |
Allowable franking credit (lesser of columns 3 & 4) |
---|---|---|---|---|
X |
$700 |
$200 |
$300 |
$200 |
Y |
$7,000 |
$3,500 |
$3,000 |
$3,000 |
Z |
$14,000 |
$6,000 |
$6,000 |
$6,000 |
The amount recorded at label J is the sum of all allowable franking credits for the income year.
In this example Bee Jay’s Honey would record $9,200 ($200 + $3,000 + $6,000) at label J as the amount of allowable franking credits for the income year.
Bee Jay’s Honey does not record $9,700, as declared on the distribution statements it received, at J. This is because the amount of franking credit allocated to the distribution received from company Y exceeded the maximum amount of franking credits that can be allocated to that distribution.
End of exampleFor most companies, the amount of franking credits included at label J is allowable as a tax offset and should be claimed in the Calculation statement at label C Non-refundable non-carry forward tax offsets. If the company is an eligible resident income tax exempt entity or life insurance company or organisation entitled to claim a refund of excess franking credits, claim the refundable amount in the Calculation statement at label E Refundable tax offset.
Australian shareholders may benefit from the Australian franking credits attached to distributions made by a New Zealand resident company that has elected into the Trans-Tasman imputation measure (referred to as a ‘New Zealand franking company’). That allows the New Zealand company to join the Australian imputation system. The New Zealand company then maintains an Australian franking account and attaches Australian franking credits to its frankable distributions one month after it makes that election.
C – Australian franking credits from a New Zealand franking company
Write at item 7 – label C amounts of Australian franking credits from a New Zealand franking company that are included in assessable income because of a franked distribution paid to the company by a New Zealand franking company or because of its receipt indirectly through a partnership or trust. To work out whether the distribution is included in assessable income, see the Foreign income return form guide.
To calculate the amount to write at label C, the Australian franking credits received directly or indirectly from a New Zealand franking company must be reduced by the amount of a supplementary dividend or the company’s share of a supplementary dividend if:
- the supplementary dividend is paid in connection with the franked distribution, and
- the company is entitled to a foreign income tax offset because of the inclusion of the distribution in assessable income.
If the shares or interests are not held at risk as required under the holding period and related payments rules, or there is other manipulation of the imputation system, do not include the Australian franking credit in assessable income at label C and there is no entitlement to a franking tax offset.
For most companies the amount of Australian franking credits included at label C is allowable as a tax offset and should be claimed in the Calculation statement at label C Non-refundable non-carry forward tax offsets. If the company is a life insurance company or organisation entitled to claim a refund of excess franking credits, claim the refundable amount in the Calculation statement at label E Refundable tax offset.
A dividend from a New Zealand franking company may also carry New Zealand imputation credits. An Australian resident cannot claim any New Zealand imputation credits.
E – TOFA income from financial arrangements not included at item 6
If the company has financial arrangements to which the TOFA rules apply, include at item 7 – label E assessable gains under the TOFA rules from financial arrangements which have not been shown at item 6.
For more information, see Guide to the taxation of financial arrangements (TOFA).
B – Other assessable income
Write at item 7 – label B the total of the amounts that form part of assessable income if you have not included them as income at item 6 or at item 7 labels:
- A Net capital gain
- J Franking credits
- C Australian franking credits from a New Zealand company.
For example, attributed foreign income of a CFC, and timing adjustments such as that which reconciles interest receivable to assessable interest income. For more examples of specific items, see the list of items in Worksheet 2.
The following items are shown at item 7 – label B:
- the excess of the company’s foreign source income and attributed foreign income for taxation purposes over income from such sources shown in the accounts. Gross up foreign source income by the amount of foreign tax paid. Include any add-back or subtraction adjustment to expenses claimed against such income separately at item 7 – label W Non-deductible expenses or at item 7 – label X Other deductible expenses.
- assessable foreign exchange gains to the extent that they have not been included at item 6 or at any other label of item 7. See Foreign exchange gains and losses for more information.
- assessable balancing adjustment amounts for non-R&D assets.
- clawback of the incentive component of the R&D offset where there are
- assessable balancing adjustment amounts for assets used in R&D activities
- R&D recoupment amounts arising from receiving or becoming entitled to receive a government recoupment (such as a government grant or reimbursement) that relates to expenditure for which you or a related entity have claimed a notional deduction under the R&D tax incentive
- feedstock adjustment amounts as a result of expenditure on goods, materials or energy used, and claimed as notional R&D deductions on R&D activities that produce marketable products supplied or applied to the company's own use.
If the company ceases to hold a depreciating asset, or permanently ceases using it (or ceases having it installed ready for use) for any purpose and expects (or has decided) never to use it again, a balancing adjustment event occurs.
For assets subject to the small business entity depreciation rules, see Step 4: Ceasing to hold depreciating assets.
For assets not subject to the small business entity depreciation rules, calculate a balancing adjustment amount to include in the company’s assessable income or to claim as a deduction.
If the asset was used for both taxable and non-taxable purposes, reduce the balancing adjustment amount by the amount attributable to the non-taxable use. A capital gain or capital loss amount may arise attributable to that non-taxable use. For more information, see the Guide to depreciating assets 2023.
- if a company receives a distribution from a partnership or trust and that partnership or trust claimed a deduction for a listed investment company (LIC) capital gain amount, then the company must add back as income its share of the deduction claimed by the partnership or trust. There is a modification for life insurance companies. For more information, see item 16. Life insurance companies and friendly societies only.
- excessive deductions for capital allowances that are to be included in assessable income under the limited recourse debt rules contained in Division 243 of the ITAA 1997. This will occur where
- expenditure on property has been financed or re-financed wholly or partly by limited recourse debt
- the limited recourse debt is terminated after 27 February 1998 but has not been paid in full by the debtor, and
- because the debt has not been paid in full, the capital allowance deductions allowed for the expenditure exceed the deductions that would be allowable if the unpaid amount of the debt was not counted as capital expenditure of the debtor. Special rules apply in working out whether the debt has been fully paid. ‘Limited recourse debt’ is a debt where the rights of the creditor as against the debtor in the event of default in payment of the debt or of interest, are limited wholly or predominantly to the property that has been financed by the debt or is security for the debt, or rights to such property. A debt is also limited recourse debt if, notwithstanding that there may be no specific conditions to that effect, it is reasonable to conclude that the creditor’s rights as against the debtor are capable of being so limited. Limited recourse debt includes a notional loan under a hire-purchase or sale agreement of goods to which Division 240 of the ITAA 1997 applies. See section 243-20. The rules in section 243-75 apply where Division 243 and Division 245 of the ITAA 1997 (commercial debt forgiveness, see Appendix 5) both apply to the same debt.
- amounts assessable under Division 45 of the ITAA 1997. Broadly, if a taxpayer holds plant which has been used principally for leasing and some part of the lease period occurred on or after 22 February 1999, Division 45 and related amendments may apply from that date to include an amount in the assessable income of the taxpayer upon disposal of such plant, or an interest in the plant, or an interest in, or rights under, a lease of the plant, see section 45-5 of the ITAA 1997. Similar tax consequences arise for a partner in a partnership if the partnership holds plant which has been used principally for leasing and some part of the lease period occurred on or after 22 February 1999, see section 45-10 of the ITAA 1997. A subsidiary member of a wholly owned company group is treated under Division 45 as if it had disposed of and immediately reacquired plant that it holds where
- the subsidiary has previously claimed or is eligible to claim deductions for the decline in value of the plant
- more than 50% direct or indirect beneficial ownership in the shares of the subsidiary are acquired on or after 22 February 1999 by an entity or entities, none of which is a member of the wholly owned group
- the main business of the subsidiary was to lease assets and the plant has been used principally for leasing and some part of the lease period occurred on or after 22 February 1999
- at that acquisition time, the plant’s written down value is less than the plant’s market value
- the main business of each acquiring entity is not the same as the main business of the wholly owned group immediately before the relevant acquisition, see section 45-15 of the ITAA 1997.
Similar tax consequences arise if the subsidiary is a partner in a leasing partnership; see section 45-20 of the ITAA 1997.
Each company in the wholly owned group may become jointly and severally liable for any outstanding amount of tax payable by the subsidiary (because of section 45-15 or 45-20) at the end of 6 months from the time such tax becomes due and payable by the subsidiary, see section 45-25 of the ITAA 1997.
W – Non-deductible expenses
Write at item 7 – label W expense-related adjustments that are added back to the amount written at item 6 – label T Total profit or loss to reconcile with the amount written at item 7 – label T Taxable/net income or loss.
The amount written at label W excludes:
- any amount included at item 7 – label U Non-deductible exempt income expenditure
- any amount included at item 6 – label D Accounting expenditure subject to item 7 R&D tax incentive.
Generally, label W includes the amounts that are an expense for accounting purposes but are not deductible for income tax purposes, including timing variations. Examples are:
- debt deductions disallowed under the thin capitalisation rules
- unrealised losses on revaluation of assets and liabilities to fair value under international financial reporting standards
- any expenses (including interest or amounts in the nature of interest) incurred in deriving non-assessable non-exempt income such as foreign income that is non-assessable non-exempt income under section 23AH of the ITAA 1936
- a non-share dividend, to the extent that it is an expense for accounting purposes and therefore taken into account in determining total profit and loss, but which is not deductible for income tax purposes.
For more examples of specific items, see Worksheet 2.
If a foreign exchange (forex) loss for accounting purposes, included in item 6, exceeds the deductible forex loss, include the difference at label W. For more information, see Foreign exchange gains and losses.
If Australian and foreign source capital losses for accounting purposes are included at item 6 Expenses – labels G Unrealised losses on revaluation of assets to fair value or S All other expenses, also include them at label W. For Australian taxation purposes, include any net capital loss with any unapplied capital losses carried forward to later income years and write it at item 13 – label V Net capital losses carried forward to later income years.
D – Accounting expenditure in item 6 subject to R&D tax incentive
Write at label D, the expense amounts included at the expenditure labels at item 6 Calculation of total profit or loss, which relate to amounts that you are claiming as a notional R&D deduction under the R&D tax incentive provisions. Also include at label D losses on ceasing to hold assets used in R&D activities which are subject to the R&D tax incentive that were shown at item 6 – label S All other expenses and any book depreciation expenses for assets used in activities which are subject to the R&D tax incentive that were included at item 6 – label X Depreciation expenses (any amounts not subject to the R&D tax incentive must be included at item 7 – label W Non-deductible expenses).
At label D you also need to include amounts that you have written at the expenditure labels in item 6 Calculation of total profit or loss which you have incurred to your associates that are not yet paid or claimed and are to be carried forward. For more information, see Research and development tax incentive schedule instructions 2023.
If no expense amounts relating to notional R&D deduction have been included at item 6 (for example, amounts are capitalised) write zero at label D.
The amount written at label D on the company tax return must be the same as the amount written at label D Preliminary calculation – Add-back of research and development (R&D) accounting expenditure on the Research and development tax incentive schedule 2023.
Subtotal
Write the sum of the amount transferred from item 6 – labels T Total profit or loss and the add-back items at item 7 – labels A, U, J, C, E, B, W and D.
If this amount is a loss, print L in the CODE box at the right of the amount.
Subtraction items
Deduct the following items from the amount at Subtotal:
- C – Section 46FA deduction for flow-on dividends
- F – Deduction for decline in value of depreciating assets
- Temporary full expensing
- General depreciation rules
- U – Forestry managed investment scheme deduction
- Excluded payments
- E – Immediate deduction for capital expenditure
- H – Deduction for project pool
- I – Capital works deductions
- Z – Section 40-880 deduction
- N – Landcare operations and deduction for decline in value of water facility, fencing asset and fodder storage asset
- O – Deduction for environmental protection expenses
- P – Offshore banking unit adjustment
- V – Exempt income
- Q – Other income not included in assessable income
- W – TOFA deductions from financial arrangements not included in item 6
- X – Other deductible expenses
- J – Small business skills and training boost
- L – Small business technology investment boost
- R – Tax losses deducted
- S – Tax losses transferred in (from or to a foreign bank branch or a PE of a foreign financial entity)
C – Section 46FA deduction for flow-on dividends
Write at item 7 – label C any amounts claimed as a deduction during the income year that are deductible under section 46FA of the ITAA 1936. If an amount is reported at label C, complete and attach an International dealings schedule 2023.
This deduction is allowable in certain cases where a non-portfolio dividend that is not fully franked is on-paid by a resident company to its non-resident parent.
If a deduction is claimed under section 46FA, the claiming entity must maintain an unfranked non-portfolio dividend account under section 46FB of the ITAA 1936 and complete item 43 Do you have an unfranked non-portfolio dividend account (section 46FB ITAA 1936)? on the International dealings schedule 2023.
F – Deduction for decline in value of depreciating assets
If the company is not a small business entity using the simplified depreciation rules, write the deduction for decline in value of most depreciating assets for taxation purposes at item 7 – label F.
If you complete item 7 – label F, then you also need to consider and complete item 7 – label I Capital works deductions for any capital works items (Division 43) that are not eligible capital allowance items or assets even if that amount is zero – see, Capital works deductions.
If item 7 – label F is completed then you also need to complete item 9 – labels A, B, C, D, E, F, G, H and I Capital allowances.
This amount is often different from the amount of depreciation calculated for accounting purposes written at item 6 – label X Depreciation expenses and added back at item 7 – label W Non-deductible expenses.
If a depreciating asset is used in R&D activities, the notional decline in value amount will form part of your notional R&D deduction. Eligible companies can claim this notional R&D deduction amount in calculating the R&D tax offset. For more information, see:
- 21. Research and development tax incentive
- Research and development tax incentive schedule instructions 2023.
If a decline in value amount is included as a notional R&D deduction, add back at item 6 – label D Accounting expenditure subject to item 7 R&D tax incentive any related depreciation expenses included at item 6 – label X Depreciation expenses.
If the company is a small business entity using the simplified depreciation rules, include deductions for depreciating assets at item 6 – label X Depreciation expenses.
If the company is not using the simplified depreciation rules, and is continuing to claim a deduction for any prior pool, this deduction should be included at item 6 – label X Depreciation expenses.
Temporary full expensing
Businesses with an aggregated turnover of less than $5 billion can immediately deduct the taxable purpose proportion of the cost of eligible depreciating assets. Corporate tax entities unable to meet the $5 billion turnover test may still be eligible for temporary full expensing under the alternative income test (see item 9 – label U Are you using the alternative income test?). The eligible new assets must be first held between 7:30 pm AEDT on 6 October 2020 and 30 June 2023 and first used or installed ready for use for a taxable purpose in the 2022-23 year. The deduction amount is the taxable purpose proportion of the asset's cost less any decline in value between when you first held the asset and when it was first used or installed ready for use.
For businesses with an aggregated turnover of less than $50 million, temporary full expensing also applies to the taxable purpose proportion of eligible second-hand depreciating assets.
Businesses can also immediately deduct the taxable purpose proportion of the cost of improvements to eligible depreciating assets (and to assets acquired before 7:30 pm AEDT on 6 October 2020 that would otherwise be eligible assets) if those costs are incurred between 7:30 pm AEDT on 6 October 2020 and 30 June 2023.
If a balancing adjustment event happens to an eligible asset in the same income year as when you first used the asset, or have it installed ready for use, for a taxable purpose, you cannot deduct the cost of the asset under temporary full expensing.
You also cannot deduct the costs of improvements under temporary full expensing if a balancing adjustment event happens in the income year you incurred those costs.
A company cannot claim temporary full expensing for a depreciating asset if:
- it is ordinarily excluded under the UCA rules, such as a building or other capital works
- it has been allocated to a low value or software development pool
- it is an asset that falls within the special rules for assets used in connection with a primary production business.
The asset must be used principally in Australia for the principal purpose of carrying on a business. The asset must also be located in Australia. A balancing adjustment event will occur if the asset ceases to meet these requirements in a later year.
You can make a choice to opt-out of temporary full expensing for an income year on an asset-by-asset basis if you are not using the simplified depreciation rules. If you are making a choice to opt-out of temporary full expensing you must notify us by recording that choice at item 9 – labels:
- P Are you making a choice to opt out of temporary full expensing
- Q Number of assets you are opting out for
- R Value of assets you are opting out for.
If you are eligible for temporary full expensing only under the alternative income test, you cannot claim under temporary full expensing for the following assets:
- intangible assets
- assets previously held by your associates
- assets available for use, at any time in the income year, by your associates or entities that are foreign residents.
General depreciation rules
If the company has allocated depreciating assets to a low-value pool, include the deduction for decline in value of those assets at label F.
If you use a depreciating asset in R&D activities, add the notional decline in value amount to your notional R&D deduction. Eligible companies can claim this notional R&D deduction amount in calculating the R&D tax offset. For more information, see:
- 21. Research and development tax incentive
- Research and development tax incentive schedule instructions 2023.
If you include a decline in value amount as a notional R&D deduction, add back any related depreciation expenses included at item 6 – label X Depreciation expenses at item 6 – label D Accounting expenditure subject to item 7 R&D tax incentive.
If you have elected to use the hedging tax-timing method provided for in the TOFA rules and you have a gain or loss from a hedging financial arrangement used to hedge risks for a depreciating asset, work out separately:
- the deduction for decline in value of depreciating assets (include this at item 7 – label F Deduction for decline in value of depreciating assets), and
- your gain or loss on the hedging financial arrangement; include this at either
- item 7 – label E TOFA income from financial arrangements not included in item 6 or
- item 7 – label W TOFA deductions from financial arrangements not included in item 6.
Include the decline in value of water facilities at item 7 – label N Landcare operations and deduction for decline in value of water facility, fencing asset and fodder storage asset.
For information about how to work out deductions for decline in value, see Appendix 4.
PS LA 2003/8 Practical approaches to low-cost business expenses provides guidance on the threshold rule and the sampling rule taxpayers can apply to determine if their business expenses on low-cost items are to be treated as revenue expenditure.
Subject to certain qualifications, the 2 methods cover expenditure below a threshold and the use of statistical sampling to estimate total revenue expenditure on low-cost items. Under the threshold rule, low-cost items with a typically short life costing $100 or less are assumed to be revenue in nature and are immediately deductible. The sampling rule allows taxpayers with a low-value pool to use statistical sampling to determine the proportion of the total purchases of low-cost tangible assets that are revenue expenditure.
For more information, see
U – Forestry managed investment scheme deduction
For more information on the terms in this section, see Definitions.
The company may be able to claim a deduction at this item for payments made to an FMIS if:
- the company currently holds a forestry interest in an FMIS, or held a forestry interest in an FMIS during 2022–23
- the company paid an amount to a forestry manager of an FMIS under a formal agreement
- the forestry manager has advised the company that the FMIS satisfies the 70% direct forestry expenditure rule in Division 394 of the ITAA 1997
- the company does not have day to day control over the operation of the scheme
- there is more than one participant in the scheme or, the forestry manager or an associate of the forestry manager manages, arranges or promotes similar schemes, and
- the trees are established within 18 months of the end of the income year in which an amount is first paid under the FMIS by a participant in the scheme.
If the company is an initial participant in an FMIS it can claim initial and ongoing payments at this item. However, the company cannot claim a deduction if it has disposed of its forestry interest in an FMIS within 4 years after the end of the income year in which it first made a payment. The deduction will be allowed if the disposal occurs because of circumstances outside of the company's control, provided the company could not have reasonably foreseen the disposal happening when they acquired the interest. Disposals that would generally be outside the company's control may include compulsory acquisition, insolvency of the company or the scheme manager, or cancellation of the interest due to fire, flood or drought.
If the company is a subsequent participant, it cannot claim a deduction for the amount paid for acquiring the interest. The company can only claim a deduction for ongoing payments.
The deduction is claimed in the income year in which the payment is made.
Excluded payments
The company cannot claim a deduction at this item for any of the following payments:
- payments for borrowing money
- interest and payments in the nature of interest (such as a premium on repayment or redemption of a security, or a discount of a bill or bond)
- payments of stamp duty
- payments of GST
- payments that relate to transportation and handling of felled trees after the earliest of the
- sale of the trees
- arrival of the trees at the mill door
- arrival of the trees at the port
- arrival of the trees at the place of processing (other than where processing happens in-field)
- payments that relate to processing
- payments that relate to stockpiling (other than in-field stockpiling)
- payments that relate to marketing and sale of forestry produce.
While the payments are not deductible FMIS payments, they may qualify as revenue or capital payments under another label.
Write at item 7 – label U Forestry managed investment scheme deduction the total amount of deductible payments made to an FMIS.
Non-deductible expenditure and the deductible payments made to an FMIS must also be included at item 7 – label W Non-deductible expenses to the extent that they have been included as an expense at item 6.
E – Immediate deduction for capital expenditure
Companies in the mining, petroleum and quarrying industries should write at E the total amount of capital expenditure (other than on depreciating assets) claimed as an immediate deduction for:
- exploration and prospecting
- rehabilitation of mining or quarrying sites
- payment of petroleum resource rent tax.
For more information, see Guide to depreciating assets 2023.
H – Deduction for project pool
Write at item 7 – label H the total amount of the company’s deductions for project pools.
If a project is abandoned, sold or otherwise disposed of, the company can deduct the project pool value at that time. Include this deduction at label H.
Include the expenditure allocated to the project pool for the income year at item 7 – label W Non-deductible expenses to the extent that it has been included as an expense at item 6.
If the entity operates in mining (ANZSIC codes 06000 to 10900) and completes item 7 – label H, you should also complete item 9 – label J Total mining capital expenditure and/or transport capital that you allocated to a project pool and for which you can claim a deduction this income year.
For more information about project pools, see Appendix 4.
I – Capital works deductions
Write at item 7 – label I the deduction claimed for capital expenditure on buildings and structural improvements (such as bridges, pipelines, retaining walls and sealed roads), which includes eligible capital expenditure on extensions, alterations or improvements, and shop fitouts. Exclude capital expenditure for mining infrastructure buildings and timber milling buildings.
For more information on capital works deductions, see Appendix 3. Commercial debt forgiveness provisions may affect the calculation of some deductions, see Appendix 5.
Z – Section 40-880 deduction
Write at item 7 – label Z the total of the company’s deductions allowable under section 40-880 of the ITAA 1997.
The expenditure deductible under section 40-880 must be included at item 7 – label W Non-deductible expenses to the extent that it has been included as an expense at item 6.
For information on section 40-880 deductions, see Appendix 4.
N – Landcare operations and deduction for decline in value of water facility, fencing asset and fodder storage asset
Write at item 7 – label N the company’s total deductions for landcare operations expenses and for water facilities, fencing assets and fodder storage assets.
Do not include the deduction for the decline in value of water facilities at item 7 – label F Deduction for decline in value of depreciating assets.
The expenditure on landcare operations, water facilities, fencing assets and fodder storage assets must be included at item 7 – label W Non-deductible expenses to the extent that it has been included as an expense at item 6.
For information on deductions for landcare operations and water facilities, fencing assets and fodder storage assets, see Appendix 4.
O – Deduction for environmental protection expenses
Write at item 7 – label O the amount of allowable expenditure on environmental protection activities.
The deductible expenditure on environmental protection activities must also be included at item 7 – label W Non-deductible expenses to the extent that it has been included as an expense at item 6.
For information on deductions for expenditure on environmental protection activities, see Appendix 4.
P – Offshore banking unit adjustment
Only use item 7 – label P if the company has been declared to be an offshore banking unit (OBU) by the minister under subsection 128AE(2) of the ITAA 1936, otherwise disregard label P.
If you complete label P, you must complete an International dealings schedule 2023.
Subject to certain exceptions, an OBU is effectively taxed at the rate of 10% on income derived from offshore banking (OB) activities. In calculating an OBU's total income for the year, include gross income from OB activities at item 6 – label R Other gross income.
Include total expenses from OB activities at item 6 – label S All other expenses.
You do not need to separate gross income or total expenses from OB activities into the various income and expenses categories that appear at item 6. These categories only apply to income and expenses that do not relate to OB activities.
To get the effective 10% tax rate on OB activity income, section 121EG of the ITAA 1936 reduces the assessable income and allowable deductions from OB activities so that an OBU’s taxable income includes only the ‘eligible fraction’ (currently 10/applicable company tax rate) of its net income from OB activities.
Calculation of the offshore banking unit adjustment
Label P ensures that the net income from OB activities is taxed at an effective tax rate of 10%. Write at label P the difference between the OBU’s net income from OB activities and the eligible fraction:
P = net OB income minus (net OB income × eligible fraction)
When the amount written at label P is deducted from the OBU’s total profit, this results in only the eligible fraction being included at item 7 – label T Taxable income or loss. This is illustrated in the following examples.
Example 10
An OBU has income and expenses from various activities as follows.
Income |
Relating to OB activities |
Relating to non-OB activities |
Total activities |
---|---|---|---|
Interest |
$200 |
$400 |
$600 |
Rent |
$0 |
$500 |
$500 |
Dividends |
$100 |
$400 |
$500 |
Total income |
$300 |
$1,300 |
$1,600 |
Expenses |
Relating to OB activities |
Relating to non-OB activities |
Total activities |
---|---|---|---|
Rent expenses |
$0 |
$600 |
$600 |
Interest (within Australia) |
$200 |
$300 |
$500 |
Total expenses |
$200 |
$900 |
$1,100 |
Net profit |
$100 |
$400 |
$500 |
Complete item 6 as follows.
Income |
Label |
Amount |
---|---|---|
Gross interest |
F |
$400 |
Gross rent and other leasing and hiring income |
G |
$500 |
Total dividends |
H |
$400 |
Other gross income |
R |
$300 |
Total income |
S |
$1,600 |
Expense |
Label |
Amount |
---|---|---|
Rent expenses |
H |
$600 |
Interest expenses within Australia |
V |
$300 |
All other expenses |
S |
$200 |
Total expenses |
Q |
$1,100 |
Total profit or loss |
T |
$500 |
If this company was not an OBU, the amount of tax payable at 30% on a taxable income of $500 is $150 (assuming the company is not a base rate entity). However, because the company is an OBU, it is entitled to an effective 10% tax rate on its net profit of $100 from OB activities. This is achieved by recording at P the untaxed portion of the net profit from OB activities. In this example, that is calculated as follows:
P = net OB income − (net OB income × eligible fraction)
= $100 − (100 × 10 ÷ 30 – see Note)
= $67 (amount shown at item 7)
As a result, the taxed portion is $33 and is the only part of the net profit from OB activities included at item 7 – label T Taxable income or loss.
Item 7 in this example contains the following entries:
Total profit or loss amount shown at item 6 – label T = $500
Less:
Offshore banking unit adjustment at label P = $67
Taxable income or loss at label T = $433
The tax payable at 30% on a taxable income of $433 is $130, which is the same as the total of the tax payable on:
Taxable non-OB activity income of $400 at 30% = $120
Plus:
Taxable OB activity income of $100 at 10% = $10
Tax payable = $130
Note: Assuming the OBU is not a base rate entity.
End of exampleOBU losses
Do not use label P to record a loss from OB activities.
If a loss is incurred, make the adjustment at item 7 – label W Non-deductible expenses to ensure that the company is taxed at the correct rate.
The adjustment is made by inserting the following amount at label W:
Net OB loss minus (net OB loss × eligible fraction)
The following example assumes that the OBU is not a base rate entity, therefore a tax rate of 30% has been applied.
Example 11
Income or expenses |
Relating to OB activities |
Relating to non-OB activities |
Total |
---|---|---|---|
Gross income |
$200 |
$1,300 |
$1,500 |
Expenses |
$300 |
$900 |
$1,200 |
Net income |
−$100 |
$400 |
$300 |
Although the company’s net income is $300, its taxable income is actually $367. This is because only 10 ÷ 30 (the eligible fraction at 30% tax rate) of the income and expenses from OB activities is taken into account in calculating an OBU’s taxable income, that is:
Net income from non-OB activities = $400
Less:
Loss from OB activities (100 × 10 ÷ 30) = $(33)
Taxable income = $367
W = net OB loss − (net OB loss × eligible fraction)
= $100 − (100 × 10 ÷ 30)
= $67
In this example, the company tax return would show the following entries:
Item 6
Label S Total income |
$1,500 |
Label Q Total expenses |
$1,200 |
LabelT Total profit or loss |
$300 |
Add:
Item 7
Label W Non-deductible expenses |
$67 |
Label T Taxable income or loss |
$367 |
End of example
For more information on the taxation of OBUs, see TD 93/202 to 93/217, TD 93/241, TD 95/1 and TD 95/2.
Changes to Australia's Offshore Banking Unit Regime in 2023-24
As a result of Changes to the Offshore Banking Unit (OBU) regime, an OBU’s assessable offshore banking income will be taxed at its relevant corporate tax rate from the commencement of its 2023–24 income year. Rules that deem an OBU to have only paid one-third of its foreign income tax on its offshore banking income will also no longer apply meaning that its FITO will be calculated using the ordinary rules. The changes will have effect from the commencement of an OBU’s 2023-24 income year. For example, for an OBU whose income year end is 31 December, this will have effect from 1 January 2023. For an OBU whose income year end is 30 June, this will have effect from 1 July 2023.
V – Exempt income
Write at item 7 – label V all income that is exempt from Australian tax.
Do not include at label V amounts that are not assessable income and not exempt income, for example, any foreign income amounts that are treated as non-assessable non-exempt income under sections 23AH, 23AI, 23AK, 99B(2A) of the ITAA 1936 or Subdivision 768-A of the ITAA 1997. Include these amounts at item 7 – label Q Other income not included in assessable income.
Do not include at label V income exempt under an RSA. Exempt income from RSAs is taken into account in determining the Net taxable income from RSAs at item 19 – label V.
Q – Other income not included in assessable income
Write at item 7 – label Q income-related adjustments that have to be subtracted from item 6 – label T Total profit or loss to reconcile with item 7 – label T Taxable income or loss. Do not include again amounts included at item 7 – label C Section 46FA deductions for flow-on dividends to V Exempt income here.
Generally, the amounts that are included at label Q are income for accounting purposes, but not assessable for income tax purposes.
Write exempt income separately at item 7 – label V Exempt income.
Include the following items at label Q:
- any excess of gross foreign source income, shown in income at item 6, over the amount that represents assessable income
- when calculating the excess, include dividends and other amounts that are not assessable because of sections 23AH, 23AI, 23AK, 99B(2A) of the ITAA 1936 or Subdivision 768-A of the ITAA 1997
- complete and attach an International dealings schedule 2023 if the company received dividends or other amounts covered by any of these provisions
- any part of an unfranked distribution that is not assessable due to sections 802-15 or 802-20 of the ITAA 1997 (these provisions are relevant to conduit foreign income)
- other amounts of non-assessable non-exempt income (do not include demerger dividends or other amounts not shown at item 6)
- cash flow boost if you included it at item 6
- profits on disposal of assets used in R&D activities which are subject to the R&D tax incentive included at item 6 – label R Other gross income
- Australian and foreign source capital gains for accounting purposes that have been included at item 6 – labels J Unrealised gains on revaluation of assets to fair value or R Other gross income (For Australian taxation purposes, include any net capital gain at item 7 – label A Net capital gain.)
- any excess of a forex gain for accounting purposes, included at item 6, over the assessable forex gain. For more information on the forex measures, see Foreign exchange gains and losses
- any Large Generation Certificate (LGC) shortfall charge refunds where the amount has been included in item 6 – label T Total profit or loss, i.e. the amount included at label Q was income for accounting purposes, but non-assessable non-exempt income for income tax purposes.
For more examples of specific items, see Worksheet 2.
W – TOFA deductions from financial arrangements not included in item 6
If the company has financial arrangements to which the TOFA rules apply, include at item 7 – label W losses allowable under the TOFA rules from financial arrangements which have not been shown at item 6.
For more information, see the Guide to the taxation of financial arrangements (TOFA).
X – Other deductible expenses
Write at item 7 – label X expense-related adjustments that are subtracted from item 6 – label T Total profit or loss to reconcile with item 7 – label T Taxable income or loss. Do not include items included under item 7 – labels C to P again here. Generally, X shows amounts, including timing differences, that are an allowable deduction for income tax purposes but are not shown in the accounts or specifically shown at item 7 – labels C to P.
For examples of specific items to be included, see Worksheet 2.
If the company is a life insurance company, include at label X:
- tax losses deducted in the complying superannuation class
- the deduction it is entitled to if it receives a dividend from a LIC, which includes a LIC capital gain amount. For more information, see 16 Life insurance companies and friendly societies only. Other companies are not entitled to this deduction.
Show at X any capital expenditure you incurred under Subdivision 40-J of the ITAA 1997 for the establishment of trees in a carbon sink forest. Only costs incurred in establishing trees for the purpose of carbon sequestration are deductible. These costs are deductible over 14 years and 105 days at a rate of 7% per annum. If you are eligible to claim an extra deduction for the destruction of trees in a carbon sink forest, include the amount calculated under section 40-1030 of the ITAA 1997 at label X.
Include at label X deductible foreign exchange losses to the extent that they have not been included in item 6 or in any other label at item 7. For more information on the forex measures, see Foreign exchange gains and losses.
Show at label X balancing adjustment losses for assets used for both R&D and non-R&D activities. If the company is otherwise eligible for an R&D tax offset under section 355-100 of the ITAA 1997, an additional balancing adjustment catch-up deduction is calculated under Subdivision 355-H of the ITAA 1997. See the Research and development tax incentive schedule 2023 and instructions for details about how you calculate the catch-up deduction and include it in your return.
J – Small business skills and training boost
Write at item 7 – label J the total bonus deduction amount of the company for the small business skills and training boost.
Do not include the total skills and training expenditure amount at this label for which you claim an ordinary deduction.
When the bonus deduction is claimedIf you incurred expenditure from 7:30 pm (AEDT) on 29 March 2022 to the end of your 2022–23 income year, you claim the bonus deduction at item 7 – label J in respect of this expenditure, in the company tax return 2023.
This means that you claim the bonus deduction at item 7 – label J for eligible expenditure incurred in both the 2021–22 income year (from 7:30 pm (AEDT) on 29 March 2022) and the 2022–23 income year.
If you are an early balancer:
- lodging for 2022–23 income year, do not claim the bonus deduction
- lodging for 2023–24 income year
- if you incurred expenditure from 7:30 pm (AEDT) on 29 March 2022 to the end of your 2022–23 income year, claim the bonus deduction at item 7 – label J in respect of this expenditure in the 2023–24 income year
- if you incurred expenditure in your 2023–24 income year, you also claim the bonus deduction at item 7 – label J in respect of this expenditure in the 2023–24 income year
- If you incur expenditure in your 2024–25 income year (up until 30 June 2024), you claim the bonus deduction at item 7 – label J in respect of this expenditure in the 2024–25 income year.
For more information on small business boost, see Appendix 10.
L – Small business technology investment boost
The small business technology investment boost provides a temporary bonus deduction to small businesses (with an aggregated annual turnover of less than $50million) for eligible expenditure incurred, and depreciating assets acquired, for the purposes of their digital operations or digitising their operations.
The bonus deduction is an additional tax deduction of 20%, on top of the ordinary deduction, for the eligible expenditure incurred from 7:30pm (AEDT) on 29March 2022 to 30June 2023. It applies to the total of eligible expenditure of up to $100,000 per income year, up to a maximum bonus deduction of $20,000 per income year.
Write at item 7 – label L the total bonus deduction amount of the company for the small business technology investment boost.
Do not include the total technology investment expenditure amount at this label for which you claim an ordinary deduction.
When the bonus deduction is claimed
If you incurred expenditure from 7:30 pm (AEDT) on 29 March 2022 to the end of your 2022–23 income year, you claim the bonus deduction at this label in respect of this expenditure in the company tax return 2023. This means that you claim the bonus deduction at item 7 – label L for eligible expenditure incurred in both the 2021–22 income year (from 7:30 pm (AEDT) on 29 March 2022) and the 2022–23 income year.
As this period covers 2 income years, you can claim up to a maximum of $20,000 per income year, or $40,000.
If you are an early balancer:
- lodging for 2022–23 income year, do not claim the bonus deduction
- lodging for 2023–24 income year
- if you incurred expenditure from 7:30 pm (AEDT) on 29 March 2022 to the end of your 2022–23 income year, claim the bonus deduction at item 7 – label L in respect of this expenditure in the 2023–24 income year
- if you incurred expenditure in your 2023–24 income year, you also claim the bonus deduction at item 7 – label L in respect of this expenditure in the 2023–24 income year.
As this period covers 2 income years, you can claim up to a maximum of $20,000 per income year, or $40,000.
If you are claiming the bonus deduction for eligible expenditure incurred in acquiring a depreciating asset that is used, or installed ready for use, for a taxable purpose before 1 July 2023, you calculate the bonus as 20% of the asset's cost irrespective of whether you claimed your ordinary deduction for the decline in value of the asset using temporary full expensing or the uniform capital allowance regime in the relevant income year. If you are a small business that uses the simplified depreciation rules, you must use temporary full expensing when claiming your ordinary deduction.
For more information on small business boost, see Appendix 10.
R – Tax losses deducted
You generally make a tax loss when the total deductions you can claim for an income year (except tax losses for earlier income years) exceed the total of your assessable and net exempt income for the year. The company may need to complete either a Losses schedule 2023 or Consolidated groups losses schedule 2023.
Include at item 7 – label R those tax losses of prior income years that are deducted for 2022–23 under section 36-17 of the ITAA 1997.
Foreign losses are not quarantined from domestic assessable income (or from assessable foreign income of a different class). Resident taxpayers are not required to make an election to deduct domestic tax losses against assessable foreign income.
Therefore, for the purposes of loss utilisation, no distinction is made regarding the source of the assessable income, deductions and exempt income, whether foreign or domestic. A taxpayer combines both foreign and domestic deductions. Where the combined deductions exceed assessable income and net exempt income from all sources, the excess is a tax loss and can potentially be deducted from assessable income of a future income year.
Prior year tax losses are deducted in a later income year or years in the order in which they were incurred, to the extent that they have not already been deducted. If a tax loss for the 2019–20, 2020–21, 2021–22 or 2022–23 income year is carried back under Division 160 of the ITAA 1997, that amount cannot be included at label R.
A prior year tax loss may be reduced by the ’net forgiven amount’ of debt forgiven under the commercial debt forgiveness rules. See Appendix 5.
What not to include in label R
Do not include at label R:
- tax losses deducted in the complying superannuation class of a life insurance company or the head company of a consolidated or MEC group that has at least one subsidiary member that is a life insurance company. These tax losses should be included at item 7 – label X Other deductible expenses
- the film component of any tax loss (film loss). For information about deductions for film losses, see Division 36 and former Division 375 of the ITAA 1997. Film losses are only deducted from net exempt film income or net assessable film income for taxation purposes and are shown at either item 7 – labels W Non-deductible expenses or X Other deductible expenses
- pooled development fund (PDF) tax losses unless the PDF tax losses are deductible under Division 195 of the ITAA 1997
- capital losses as a capital loss is different from a tax loss. Capital losses may only be applied against any capital gains in the same income year or carried forward to be applied against future capital gains in accordance with Division 102 of the ITAA 1997, or
- the amount of tax losses carried back under Division 160 of the ITAA 1997. Include that amount at item 13.
Continuity of ownership and business continuity tests
A company cannot deduct a tax loss of an earlier year unless it satisfies the continuity of ownership test as prescribed by section 165-12 of the ITAA 1997 (or the special alternative under section 165-215 of the ITAA 1997). If a company fails the continuity of ownership test, it may still deduct losses provided if it satisfies the 'business continuity test' as prescribed by section 165-13 of the ITAA 1997. The 'business continuity test' refers to the 'same business test' in 165-210 of the ITAA 1997 and the 'similar business test' in section 165-211 of the ITAA 1997.
As a test for accessing past year losses, the 'similar business test' will only be available for losses made in income years starting on or after 1 July 2015.
For more information, see:
- How to claim a tax loss
- LCR 2019/1 The business continuity test – carrying on a similar business
- TR 1999/9 Income tax: the operation of sections 165-13 and 165-210, paragraph 165-35(b), section 165-126 and section 165-132.
Control
Additionally, even if a company satisfies the continuity of ownership test or the business continuity test, it may be prevented from deducting a tax loss where there has been a change in control of the voting power as prescribed by subsection 165-15(1) of the ITAA 1997. However, this will only occur where the company also fails to satisfy the ‘business continuity test’ in subsections 165-15(2) and (3).
Record keeping
Keep a record of tax losses and account for any adjustments, including those made by us. Keep these records until the amendment period for the assessment in which the tax losses of the company were fully recouped has lapsed (up to 2 or 4 years from the date of that assessment).
For more information, see: Keep records longer for losses.
Consolidated or MEC groups – Tax losses deducted
The head company may need to complete a Consolidated groups losses schedule 2023.
Write at R the tax losses deducted during the year of income under section 36-17 of the ITAA 1997.
A head company may be entitled to deduct tax losses broadly comprising:
- tax losses made by the consolidated or MEC group for prior income years (group tax losses), and
- tax losses that were originally made by an entity before it became a member of the consolidated or MEC group and that were transferred to the head company of that group (transferred tax losses). The amount of such losses that can be claimed by the head company is calculated by reference to an available fraction, which limits the annual rate at which these losses may be recouped by the head company.
Before deducting a ‘group tax loss’ or a ‘transferred tax loss’, the head company must satisfy the continuity of ownership test and control tests. If it does not, then it must satisfy the business continuity test.
For more information, see How to claim a tax loss.
For more information on the business continuity test, see:
- sections 165-13 and 165-210 of the ITAA 1997
- TR 1999/9 and TR 2007/2 Income tax: application of the same business test to consolidated and MEC groups, principally, the interaction between section 165-210 and section 701-1 of the ITAA 1997 (as at 20 June 2007)
- LCR 2019/1 – The business continuity test – carrying on a similar business.
Do not include here the amount of tax losses carried back under Division 160 of the ITAA 1997. Include that amount at item 13 Losses information.
S – Tax losses transferred in (from or to a foreign bank branch or a PE of a foreign financial entity)
Write at item 7 – label S the amount of tax losses transferred to the company from group companies under Subdivision 170-A of the ITAA 1997.
A company (the loss company) may transfer the whole or a part of a tax loss to another company (the income company) where:
- both companies are members of the same wholly owned group
- one of the companies is
- an Australian branch of a foreign bank, or
- an Australian PE of a foreign financial entity if the tax loss is for an income year commencing on or after 26 June 2005
- the other company is
- the head company of a consolidated or MEC group, or
- not a member of a consolidatable group, and
- further conditions in Subdivision 170-A of the ITAA 1997 are satisfied.
The tax loss transferred to the income company is deductible to the income company in accordance with the provisions of section 36-17 of the ITAA 1997 in the year of transfer (for example, the tax loss transferred to the income company is first deducted against the income company’s net exempt income, then against its assessable income).
The amount of tax loss that one member of the group (the loss company) can transfer is limited to an amount of loss that the loss company itself cannot use. Tax losses transferred cannot be used to create a tax loss in the income company.
The Commissioner has power in certain circumstances to amend assessments to disallow a deduction for an amount of a transferred tax loss despite section 170 of the ITAA 1936 – see section 170-70 of the ITAA 1997.
Consolidated or MEC groups
Do not show tax losses transferred from subsidiary companies under Subdivision 707-A of the ITAA 1997. These losses should be shown in Part A of the Consolidated groups losses schedule 2023 at item 1 or item 2.
Subtraction items subtotal
Write the sum of the amounts from item 7 – labels C Section 46FA deductions for flow-on dividends to S Tax losses transferred in (from or to a foreign bank branch or a PE of a foreign financial entity) at Subtraction items subtotal.
T – Taxable or net income or loss
Write at item 7 – label T, all assessable income less deductions that equals the amount at item 6 – label T Total profit or loss plus or minus the reconciliation adjustments at item 7.
If this amount is a loss, print L in the CODE box at the right of the amount.
If the company has a taxable income of $1 or more, transfer the amount in the Calculation statement at labels T to A Taxable or net income.
The company’s tax loss at label T is the excess of its total deductions (except tax losses for earlier income years) over its total assessable income and net exempt income, see section 36-10 of the ITAA 1997. The company’s net exempt income is calculated under section 36-20 of the ITAA 1997 and is not necessarily equal to the amount written at item 7 – label V Exempt income. Check that the amount at item 7 – label B Other assessable income includes the amount of net exempt income taken into account in calculating the company’s tax loss. If the company has a tax loss at label T, write zero in the Calculation statement at label A Taxable or net income.
If the company has excess franking offsets that can be converted under section 36-55 of the ITAA 1997 into a tax loss to be carried forward (see Excess franking offsets), do not include at label T Taxable/net income or loss the amount of that tax loss. However, that amount should be taken into account in calculating the company’s tax loss at item 13 – label U – Tax losses carried forward to later income years. This means that a company may have a taxable income at label T and a tax loss carried forward at item 13. Alternatively, if the company’s total deductions exceed total assessable income and net exempt income, it would show an amount at label T that, disregarding section 36-55 of the ITAA 1997, would have been its tax loss for the income year.
Continue to: 8. Financial and other information