Product Ruling

PR 1999/72A - Addendum

Income tax: Northern Rivers Coffee Project No 1

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FOI status:

May be released

Notice of Addendum

At paragraph 13, delete:

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Letter dated 9 June 1999 from CMAL to the ATO.

And replace with:

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Letter dated 9 June 1999 from CMAL to the ATO,

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Supplementary Prospectus dated 25 June 1999,

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Secondary Supplementary Prospectus dated 12 April 2000,

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Third Supplementary Prospectus dated 26 April 2000, and

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Additional correspondence received from the Applicant on 18 December 2000 and 19 June 2001.

Add to the Ruling part of the Product Ruling after paragraph 51:

Division 35 - Deferral of losses from non-commercial business activities

Section 35-55 - Commissioner's discretion

51.1 For a Grower who is an individual Grower and who entered the Project on or after 23 June 1999 and prior to any withdrawal of this Product Ruling, the rule in section 35-10 may apply to the business activity comprised by their involvement in this Project. Under paragraph 35-55(1)(b) the Commissioner has decided for the income years ended 30 June 2001 and 30 June 2002 that the rule in section 35-10 does not apply to this business activity provided that the Project has been, and continues to be carried on in a manner that is not materially different to the arrangement described in this Ruling. This exercise of the discretion in subsection 35-55(1) will not be required where, for any year in question:

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a Grower's business activity satisfies one of the objective tests in sections 35-30, 35-35, 35-40 or 35-45; or

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the 'Exception' in subsection 35-10(4) applies.

51.2 Where, either the Grower's business activity satisfies one of the objective tests, the discretion in subsection 35-55(1) is exercised, or the Exception in subsection 35-10(4) applies, section 35-10 will not apply. This means that a Grower will not be required to defer any excess of deductions attributable to their business activity in excess of any assessable income from that activity, i.e., any 'loss' from that activity, to a later year. Instead, this 'loss' can be offset against other assessable income for the year in which it arises.

51.3 Growers are reminded of the important statement made on Page 2 of this Product Ruling. Therefore, Growers should not see the Commissioner's decision to exercise the discretion in paragraph 35-55(1)(b) as an indication that the Tax Office sanctions or guarantees the Project or the product to be a commercially viable investment. An assessment of the Project or the product from such a perspective has not been made.

51.4 This discretion will not apply to an individual who is a "Landholder" only in the Northern Rivers Coffee Land Syndicate No 1.

Commissioner of Taxation
27 June 2001

References

ATO references:
NO T2000/13746