TD 2008/32: Income tax: value of
goods taken from stock for private use for the 2008-09 income year
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Please note that the PDF version is the authorised version of
this ruling. |
Preamble
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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, the Commissioner must apply the law
to you in the way set out in the ruling (unless the Commissioner
is satisfied that the ruling is incorrect and disadvantages you,
in which case the law may be applied to you in a way that is
more favourable for you - provided the Commissioner is 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 2008-09 income year is:
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TYPE OF BUSINESS |
AMOUNT (EXCLUDING GST) FOR ADULT/CHILD OVER
16 YEARS
$ |
AMOUNT (EXCLUDING GST) FOR CHILD
4-16 YEARS
$ |
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Bakery |
1,070 |
535 |
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Butcher |
720 |
360 |
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Restaurant/cafe (licensed) |
3,680 |
1,470 |
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Restaurant/cafe (unlicensed) |
2,940 |
1,470 |
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Caterer |
3,190 |
1,595 |
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Delicatessen |
2,940 |
1,470 |
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Fruiterer/greengrocer |
770 |
385 |
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Takeaway food shop |
2,780 |
1,390 |
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Mixed business (includes milk bar, general store
and convenience store) |
3,520 |
1,760 |
Date of effect
3. This Determination applies to the 2008-09 income year. However, this
Determination will not apply to taxpayers to the extent that it
conflicts with the terms of a settlement of a dispute agreed to before
the date of issue of this Determination (see paragraphs 75 and 76 of
Taxation Ruling TR 2006/10).
Commissioner of Taxation
17 December 2008
Appendix 1 - Explanation
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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. |
Explanation
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:
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·
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exhibit a transformation process of trading stock
items (for example baking);
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have as trading stock a range of small items or
ingredients, usually of low value;
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not be suited to inventory systems; and
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·
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have a high turnover of items, often for cash.
6. The Schedule of Industries is:
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BAKERY |
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Butcher |
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Restaurant/cafe (licensed) |
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Restaurant/cafe (unlicensed) |
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Caterer |
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Delicatessen |
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Fruiterer/greengrocer |
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Takeaway food shop |
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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
records5 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 each income year.
Footnotes
[1]
2003-04.
[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
Previous Rulings/Determinations:
TD 2001/25
TD 2002/26
TD 2003/22
TD 2004/38
TD 2005/36
TD 2006/55
TD 2007/30
References
ATO references:
NO 2008/18400
ISSN: 1038-8982
Related Rulings/Determinations:
IT 2659
TR 96/7
TR 2006/10
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)