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As discussed under the ATPF report (see item 1 of this edition of TAXVINE), the ATO provided an interpretation of the interface between Personal Services Income (PSI) and the Entrepreneurs Tax Offset at the ATPF. The ATO advised that:

“…there is currently nothing in the law to stop a PSI taxpayer from claiming the Entrepreneurs Tax Offset provided the relevant eligibility criteria are met…
For a sole trader that fails to pass one of the PSI tests there is currently nothing to stop that taxpayer from claiming the Entrepreneurs Tax Offset if they meet the other eligibility criteria. The question of whether they are carrying on a business is still a question of fact and would need to be determined on the basis on the circumstances of each case.

…where there is income attributed from another entity (eg a partnership, trust or company) it is our view that an individual who is a partner or beneficiary in that STS partnership or trust, who has the income attributed to them, will potentially be eligible for the Entrepreneurs Tax Offset. If the amount is attributed from a company, the view is that the individual will not be eligible. The above is with the qualification that all the other eligibility criteria are met.”

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