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The AAT has held that a company that earned income through the provision of the taxpayer’s personal services to third party clients was not conducting a “personal services business” for the purposes of Part 2-42 of the ITAA 1997 because none of the "personal services business" tests had been satisfied. The major consequence of that decision was that, under s 86-15(1) ITAA 1997, the income of the company (to the extent that it resulted from the personal efforts or skills of the taxpayer) was included in the assessable income of the taxpayer. The AAT also considered what deductions were available to the taxpayer and concluded that the taxpayer’s assessable income could not be reduced by the amounts of superannuation contributions made on behalf of the taxpayer's wife: Taneja and FCT [2009] AATA 87 (AAT; Professor G D Walker, DP, Mr S E Frost, M; 11 February 2009).

For a copy of the decision, go here.

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