Taxation Ruling

TR 2019/1ER - Erratum

Income tax: when does a company carry on a business?

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Erratum

This Erratum is a public ruling for the purposes of the Taxation Administration Act 1953. It updates Taxation Ruling TR 2019/1 to correct the citation of Commissioner of Taxation v Radnor Pty Ltd [1991] FCA 499.

TR 2019/1 is corrected as follows:

1. Paragraph 16

Omit footnote 9; substitute:

⁹ For example, whether amounts are assessable as ordinary income under section 6-5 of the ITAA 1997 (London Australia Investment Co Ltd v FCT [1977] HCA 50 (London Australia); AGC (Investments) Ltd v FC of T 92 ATC 4239; (1992) 23 ATR 287 (AGC Investments); GP International Pipecoaters Pty Ltd v Federal Commissioner of Taxation [1990] HCA 25 (GP International Pipecoaters)); whether outgoings or losses are deductible under section 8-1 of the ITAA 1997, and whether a company carries on the same business for the purpose of the same business test in Subdivision 165-E of the ITAA 1997 (Avondale Motors (Parts) Pty Ltd v FCT [1971] HCA 17 (Avondale); Commissioner of Taxation v R & D Holdings Pty Limited [2007] FCAFC 107 (R & D Holdings); Re Kennedy Holdings and Property Management Pty Ltd v Federal Commissioner of Taxation [1992] FCA 645 (Kennedy); Commissioner of Taxation v Radnor [1991] FCA 499 (Radnor)).

This Erratum applies on and from 5 April 2019.

Commissioner of Taxation
4 September 2019

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