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Ok that's probably the difference in our thinking here, I wasn't using the strict tax definition of "Carrying on a business"
The ATO's position isn't arrived at by using a "tax definition". It's formed from case law of the court's interpretation of what constitutes "carrying on a business".
If anything, there should be a definition or set of rules defined in ITAA 36 & 97, because it's bloody vague as is, which is never a good thing in a tax system. Then again, it could be because of the large gray area that they've chosen not to define it.