Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009 (133 of 2009)
Schedule 2 Non-commercial losses
Income Tax Assessment Act 1997
2 Paragraph 35-10(1)(a)
Repeal the paragraph, substitute:
(a) you satisfy subsection (2E) for that year, and one of the tests set out in any of the following provisions is satisfied for the business activity for that year:
(i) section 35-30 (assessable income test);
(ii) section 35-35 (profits test);
(iii) section 35-40 (real property test);
(iv) section 35-45 (other assets test); or