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Bella1231(Newbie)Registered Tax Professional
7 May 2024

Dear ATO community officer, our client is a sole trader and he has primary production loss under his ABN from his previous business. The client is running a non-primary production business now under same ABN. Could the carry forward primary production loss be used to offset the non-primary production business income?

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Taxduck(Taxicorn)Taxicorn
ATO Certified Response7 May 2024

Business activities would need to be of a similar kind. Under TR 2001/14 regarding non-commercial loss rules no mention is made between primary production and non-primary production businesses when discussing similar or distinct businesses. See paragraph 40 onwards.

https://www.ato.gov.au/law/view/document?DocID=TXR%2FTR200114%2FNAT%2FATO%2F00001&PiT=99991231235958&document=document


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Could carry forward primary production loss be offset non-primary production business income | ATO Community