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sterow(Initiate)Initiate
4 Sept 2023

I earn most of my income as a sole trader and have long struggled with how the income should be declared.


When doing the PSI decision test I have always been advised that "the PSI rules do not apply" - an incredibly unhelpful response that does not make it clear what that means in terms of filling in my return. Specifically, if the PSI rules do not apply, does that mean that my income is not PSI?


This year I found this page that I don't recall finding in previous years that purports to answer the question: https://www.ato.gov.au/Business/Personal-services-income/What-to-do-if-the-PSI-rules-don-t-apply/


This reads to me as if the income still needs to be called PSI, even though the PSI rules don't apply.


However if I declare it as PSI I get a message that says "Personal services Income amounts are not required" and cannot proceed to even calculate a tax estimate.


Looking here it seems the answer is that I list this income as business income: https://community.ato.gov.au/s/question/a0J9s000000Ne4k/p00193729


While this does allow it to be lodged, I can't square that answer with the information at the first link, which suggests it clearly is to be listed PSI income - "Even when the personal services income (PSI) rules don't apply, you still need to declare any PSI amounts at the relevant labels on your tax return."


I am not sure how the information on this from the ATO remains so bad year after year. I am a self-employed sole trader providing professional services - this is not some obscure edge case!


Can anyone clarify what the correct answer is? And can someone from the ATO please fix the bug in the software and provide proper information about how this works?

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1,553 views
5 replies

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Most helpful reply

TonyATO(Community Support)Community Support
5 Sept 2023

Hello @sterow


It sounds like the PSI rules don't apply to you, so you can simply ignore the PSI sections in your tax return. You should report your sole trader income at section: 15 Net income or loss from business


If for arguments sake the PSI rules did apply, there are two sections you can report it depending on your circumstances:

Sole traders report PSI at: 14 Personal services income.

Everyone else reports PSI at: 9 Attributed personal services income

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Most helpful reply

TonyATO(Community Support)Community Support
5 Sept 2023

Hello @sterow


It sounds like the PSI rules don't apply to you, so you can simply ignore the PSI sections in your tax return. You should report your sole trader income at section: 15 Net income or loss from business


If for arguments sake the PSI rules did apply, there are two sections you can report it depending on your circumstances:

Sole traders report PSI at: 14 Personal services income.

Everyone else reports PSI at: 9 Attributed personal services income

sterow(Initiate)Initiate
6 Sept 2023

Cheers Tony, and that is consistent with the forum post I linked.


However my point is that:


a) it is not consistent with the answer I linked above which says that even if the PSI rules don't apply, such income needs to be declared as PSI income.

b) the ATO explanations on this are awful and really need to be fixed.


The fundamental issue is that there is no clarity provided to users as to what "the PSI rules do not apply" means. Does this mean it is not PSI? Or that it is PSI but is somehow treated differently? What rules are being referred to? Having the decision tool spit out "the PSI rules do not apply" (and not for example "this income is not PSI") with no further explanation as to how to fill in the return isn't nearly clear enough.


I had previously read "the PSI rules do not apply" as meaning "this income is not PSI" but the official ATO page I linked in my first post contradicts that and suggests it is still PSI income. It seems like that page needs rewording.


I do appreciate you answering but I really hope that someone can acknowledge this guidance is not good enough and fix it!


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Declaring PSI Income whern PSI rules don't apply | ATO Community