Taxation Determination

TD 2007/30

Income tax: value of goods taken from stock for private use for the 2007-2008 income year

This version is no longer current. Please follow this link to view the current version.

  • Please note that the PDF version is the authorised version of this ruling.
    This document has changed over time. View its history.

This publication provides you with the following level of protection:

This publication (excluding appendixes) is a public ruling for the purposes of the Taxation Administration Act 1953. A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes. If you rely on this ruling, we must apply the law to you in the way set out in the ruling (unless we are satisfied that the ruling is incorrect and disadvantages you, in which case we may apply the law in a way that is more favourable for you - provided we are not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you.

Ruling

1. This Determination provides an update of amounts that the Commissioner will accept as estimates of the value of goods taken from trading stock for private use by taxpayers in named industries. The updated amounts are contained in the Schedule at paragraph 2 of this Determination. This Determination should be read with Taxation Ruling IT 2659: Income tax: value of goods taken from stock for private use.

Schedule for the value of goods taken from trading stock

2. The Schedule for the value of goods taken from trading stock for private use in the 2007-2008 income year is:

Type of business Amount (excluding GST) for adult/child over 16 years
$
Amount (excluding GST) for child 4-16 years

$
Bakery 1,040 520
Butcher 700 350
Restaurant/cafe (licensed) 3,570 1,425
Restaurant/cafe (unlicensed) 2,850 1,425
Caterer 3,100 1,550
Delicatessen 2,850 1,425
Fruiterer/greengrocer 750 375
Takeaway food shop 2,700 1,350
Mixed business (includes milk bar, general store and convenience store) 3,400 1,700

Date of effect

3. This Determination applies to the 2007-2008 income year. However, it does not apply to taxpayers to the extent that it conflicts with the terms of settlement of a dispute agreed to before the date of the Determination.

Commissioner of Taxation
21 November 2007

Appendix 1 - Explanation

This Appendix is provided as information to help you understand how the Commissioner's view has been reached. It does not form part of the binding public ruling.

Background

4. The Commissioner has previously issued 'Goods Own Use' (GOU) amounts for a range of industries. These amounts are estimates of the value of goods taken from trading stock for private use by taxpayers in named industries.

Methodology

Selection of industries

5. Industries suitable for inclusion in the Schedule should:

exhibit a transformation process of trading stock items (for example baking);
have as trading stock a range of small items or ingredients, usually of low value;
not be suited to inventory systems; and
have a high turnover of items, often for cash.

6. The Schedule of Industries is:

Bakery
Butcher
Restaurant/cafe (licensed)
Restaurant/cafe (unlicensed)
Caterer
Delicatessen
Fruiterer/greengrocer
Takeaway food shop
Mixed business (incorporating milk bar, general store and convenience store)

Determination of amounts

7. The basis for determining values of goods taken from trading stock is derived from the latest[1] Household Expenditure Survey (HES) results issued by the Australian Bureau of Statistics (ABS) adjusted for Consumer Price Index (CPI) movements for each category of items.[2] The ABS collects at varying intervals detailed information about the expenditure, income, net worth and other characteristics of households resident in private dwellings throughout Australia. Information is collected during personal interviews and from diaries in which survey participants have recorded all personal expenditure over a two week period. Interviews and diary-keeping are spread over the financial year of collection. At the 'fine' level of expenditure, the survey details household expenditure in over 700 categories of items across a range of household composition groups.[3] It is considered that these survey results provide reasonable and statistically valid estimates as to the community's level of spending on a wide range of items.

8. Using the HES data, consideration has been given to the fine level expenditure items and which items would be present in the trading stock of the Schedule of Industries. The stock items are generally limited to the HES 'food and non-alcoholic beverage' broad category, except for Licensed Restaurants/Cafes where 'alcoholic beverage' items are included,[4] and Caterer where some 'household equipment' items are included.

9. The main assumption in calculating GOU amounts is that if a business has an item in stock then the taxpayer would take the item from stock for own use rather than purchase the item elsewhere. However, the GOU amounts represent amounts that the Commissioner deems acceptable. Where a taxpayer considers the values provided in the schedule do not reflect their particular circumstances, they may elect to maintain suitable records[5] of items taken from trading stock for personal use.

Updating the Schedule

10. It is intended to adjust the values annually to reflect either the most recent HES data or the HES data uplifted for CPI movements and reissue the Schedule at the commencement of each income year.

Footnotes

[1]
2003-2004.

[2]
This figure is rounded up to the nearest $10 for adults.

[3]
For example, sole person, couple or couple with one dependent.

[4]
For adults but not for children.

[5]
See section 262A of the Income Tax Assessment Act 1936 and Taxation Ruling TR 96/7 Income tax: record keeping - section 262A - general principles. Law Administration Practice Statement PS LA 2004/3 (GA) The valuation of goods taken from trading stock for private use by sole traders or partners in a partnership, sets out the approach the Commissioner will accept for valuing trading stock that is taken for private use by sole traders or partners in a partnership.

Not previously issued as a draft

References

ATO references:
NO 2006/10715

Previous Rulings/Determinations:
TD 2001/25
TD 2002/26
TD 2003/22
TD 2004/38
TD 2005/36
TD 2006/55

ISSN: 1038-8982

Related Rulings/Determinations:

IT 2659
TR 96/7

Subject References:
private use
record keeping
trading stock
value of goods taken from stock

Legislative References:
ITAA 1936 262A
TAA 1953

Other References:
Law Administration Practice Statement PS LA 2004/3 (GA)

TD 2007/30 history
  Date: Version: Change:
You are here 21 November 2007 Original ruling  
  25 May 2016 Withdrawn  

Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).