Business Income, Non-Cash Benefits and Isolated Profit-Making Transactions
The phrase 'business income' hides two separate questions: is the taxpayer carrying on a business, and is the particular receipt income of that business? A one-off transaction can also be ordinary income if it is a commercial profit-making venture.
What you should be able to do
- Apply the indicators of business in a balanced, fact-sensitive way.
- Identify ordinary-course and incidental business receipts.
- Deal with non-cash business benefits under s 21A ITAA36.
- Analyse bounties and subsidies where relevant.
- Apply Myer, Whitfords Beach, Westfield and related isolated-transaction authorities.
- Use Amira's coffee and rowing activities to distinguish business, hobby and private activity.
Business status is a picture built from many facts. No ABN or business plan is fatal by itself, and having an ABN does not magically create a business. Look at repetition, organisation, scale, commerciality and profit purpose together.
Key language
Issue → Rule → Authority → Application
4.1 Business income begins with a threshold question: is there a business?
Section 6-5 ITAA97 includes ordinary income, and profits from carrying on a business are a classic form of ordinary income. But before taxing “business receipts”, you must establish that the taxpayer is actually carrying on a business. This is especially important for hobbies, side projects, sporting activities, online selling and activities that grow gradually over time.
No single indicator proves the existence of a business. The authorities and TR 97/11 require a practical evaluation of the whole activity: commercial purpose, profit intention, repetition and regularity, scale, system and organisation, record keeping, business-like conduct, capital employed and the way comparable businesses operate.
4.2 The business indicators through the cases
Martin v FCT and Case K25 show that regularity and organisation matter when distinguishing a business from private or recreational activity. Ferguson v FCT is particularly useful because a relatively small activity can still be a business when it is systematic, commercial and undertaken with a genuine profit-making purpose. Scale is relevant but not decisive. FCT v Walker reinforces that a modest operation can amount to business where the taxpayer's conduct has the required commercial character.
Stone v FCT is important where sporting or personal activity develops commercial features. The question is not simply whether the taxpayer enjoys the activity or originally began it as a hobby. The legal character can change as sponsorship, prizes, commercial arrangements and systematic exploitation develop.
Do not list eight business indicators and say “therefore business”. Take the strongest facts on both sides. Explain when the activity crossed the line, because tax consequences can differ before and after that date.
4.3 Once a business exists, identify receipts in the ordinary course
Receipts from transactions forming part of the ordinary operations of a business are ordinarily income under s 6-5. Sale proceeds from trading stock, service fees and ordinary business charges are straightforward examples. Section 70-10 ITAA97 defines trading stock and the trading-stock regime can affect timing and calculation, but the basic character of proceeds from normal sales remains revenue.
The phrase “ordinary course” should be understood functionally. A receipt can be income if it is a normal incident of business even if the precise transaction is not repeated every day. The key question is whether it arises from the process by which the business earns its profits rather than from the disposal or sterilisation of its profit-yielding structure.
4.4 Non-cash business benefits and s 21A ITAA36
The common-law convertibility issue in FCT v Cooke & Sherden and Payne v FCT created difficulty where a taxpayer received a valuable business-related benefit that could not be turned into cash. Section 21A ITAA36 addresses defined non-cash business benefits by treating them according to statutory valuation rules. The section does not mean every gift to a businessperson is automatically income. You must first determine whether the statutory conditions apply.
The Forum highlights the arm's-length value rule and the reductions in ss 21A(3) and 21A(4). Where a business receives an item that is then used privately, the tax consequences can differ from a case where the item becomes trading stock or is used in the business. Separate receipt character, valuation and any deduction consequences.
4.5 Government grants and s 15-10
Government assistance can be ordinary income under s 6-5 where it is received as part of the business's revenue operations. If it is not ordinary income, s 15-10 may include certain bounties or subsidies received in relation to carrying on a business. TR 2006/3 is a significant interpretative source for government payments to industry.
The critical distinction is between a payment supporting day-to-day operations and a payment directed to establishing, acquiring or substantially expanding the business's capital structure. The statutory wording and cases must be applied to the particular grant conditions. Do not assume “government grant = assessable”. Identify the legal pathway.
4.6 Isolated profit-making transactions: business is not essential
A taxpayer who is not carrying on a relevant business can still derive ordinary income from an isolated commercial transaction. This is one of the most examined distinctions in Australian tax law.
The classic authorities trace a progression. Californian Copper Syndicate v Harris distinguishes mere realisation of an investment from a profit made through a business operation or commercial dealing. Rutledge v IRC illustrates a transaction with a strong profit-making character. FCT v Whitfords Beach Pty Ltd demonstrates how the development and commercial exploitation of an asset can transform what might otherwise look like realisation.
The High Court's decision in FCT v Myer Emporium Ltd is central. A profit from an isolated transaction can be ordinary income where the taxpayer entered the transaction with the purpose of making a profit and the transaction was commercial or business-like. The principle does not mean that every asset sold at a profit is income. The taxpayer's purpose and the objective commercial character of the transaction must be established.
Westfield Ltd v FCT is an important limiting authority. A profit-making purpose that merely accompanies a transaction may be insufficient if the transaction is not one of the kind contemplated by the Myer principle. TR 92/3 and TR 92/4 provide ATO guidance on isolated transactions and profits/losses.
4.7 Ordinary income or CGT? Analyse both, then apply the overlap rules
Where an asset is sold for a profit, a student must consider both ordinary income and capital gains tax. Section 102-20 says a capital gain or loss arises only if a CGT event happens, and disposal commonly triggers CGT event A1 under s 104-10. But if the profit is ordinary income under s 6-5, the CGT regime contains mechanisms that prevent inappropriate double taxation. Never choose “income” or “CGT” by intuition alone.
The correct method is: first determine whether the profit is ordinary income because it arises from business or an isolated profit-making scheme. Second identify the CGT event and calculate the capital outcome. Third apply the anti-overlap provisions. This sequencing demonstrates legal control.
4.8 Hobby, recreation and social-media activity
Winning prizes or receiving products while pursuing a hobby is not automatically business income. The rower in the tutorial has regular participation and a public Instagram account, but the facts also show recreation, personal achievement and expenses exceeding prizes. The question is whether the overall activity has crossed into commercial exploitation. Stone is especially useful for comparing an elite sporting activity with commercial sponsorship to a recreational activity that remains personal.
4.9 Core statutory and authority map
| Source | Teaching proposition | Problem trigger |
|---|---|---|
| ITAA97 s 6-5 | Ordinary business receipts and commercial profits may be assessable. | Sales, service fees, business awards, isolated profits. |
| TR 97/11; Martin; Ferguson; Walker; Stone | Multi-factor business test. | Hobby/side activity becoming business. |
| ITAA36 s 21A | Statutory treatment/valuation of non-cash business benefits. | Prize, reward or benefit received in business. |
| ITAA97 s 15-10; TR 2006/3 | Business-related bounty/subsidy may be statutory income. | Government grants. |
| Myer Emporium; TR 92/3 | Isolated commercial profit may be ordinary income. | One-off purchase/sale entered with profit purpose. |
| Westfield | Limits overly broad use of the isolated-transaction principle. | Purpose not sufficiently connected to the transaction undertaken. |
| ITAA97 ss 102-20, 104-10 | CGT event framework still needs consideration. | Asset disposal even where ordinary income is argued. |
4.10 Tutorial masterclass — Amira's coffee operation
Amira's facts are deliberately staged across time. In early 2024 she roasts coffee at home, sells irregularly to friends and colleagues, has no ABN, bank account, business plan, insurance or advertising and makes little revenue. By early 2025 she has an ABN, business name, separate account, margin tracking and repeat customers, but remains employed full time and sometimes refuses orders. From July 2025 she leaves legal practice, leases commercial premises, buys industrial equipment, establishes regular café supply arrangements, launches an online store, advertises, registers for GST, obtains insurance, hires a bookkeeper and engages staff.
A strong answer should not announce one date without analysis. Apply the business indicators to each phase. The July 2025 transformation provides very strong objective evidence of business. The January–June 2025 phase is contestable and requires a balanced conclusion. The early 2024 phase looks much more like a hobby or embryonic activity.
Revenue received and outstanding invoices
Once the business exists, the $180,000 sales are ordinary income. Timing of the $15,000 outstanding invoices requires the derivation principles from the prior chapter. A business operating on an earnings basis may derive income when a recoverable debt arises, not only when cash is received.
Espresso-machine award
The award is made because of Amira's sales growth and is publicised by the manufacturer. That gives it a strong business connection. Test s 6-5 and then s 21A. The facts give retail, wholesale and production values because valuation matters. The private use of the machine does not necessarily prevent the receipt itself from being business-related; it may instead affect deductions or other consequences.
Queensland operating-support grant
The grant is available because of the roasting activity and is used for rent and wages. That points strongly to a revenue/operating character. Analyse s 6-5 and, if necessary, s 15-10 and TR 2006/3. Contrast that with a grant tied specifically to construction of a new capital facility, which may require a different analysis.
Sale of the original roasting machine
Do not automatically treat the $3,000 sale price as ordinary income. The machine is a depreciating/capital asset rather than trading stock on the stated facts. The capital-allowance and CGT coordination rules will be studied in detail later. This is an example of why a business can receive both revenue and capital amounts.
Rowing prizes and products
Apply Stone and the business indicators. The modest prizes, absence of sponsorship obligations, recreational purpose and excess expenses point away from a business, although the public social-media activity is a relevant fact. Explain the balance instead of assuming that prizes are always income or always windfalls.
4.11 HD IRAC structure
I — Issues
When did the coffee activity become a business? Which receipts are ordinary income? Does s 21A apply to the machine? Is the grant ordinary or statutory income? Is rowing a business?
R — Rule
State s 6-5, the business indicators from TR 97/11 and the cases, s 21A, s 15-10/TR 2006/3, and the isolated-transaction principles only where relevant.
A — Application
Apply indicators chronologically. Tie each receipt to the activity that produced it. For the grant and machine, explain both ordinary-income and statutory alternatives. For rowing, apply the commerciality factors rather than merely noting prizes.
C — Conclusion
Give a date/range for business commencement and an itemised conclusion for the receipts, identifying any issue reserved for the CGT/capital-allowance chapters.
4.12 Plain-English summary
Business income is not just “money from a business”. First prove there is a business. Then ask whether the receipt belongs to ordinary business operations, is a non-cash benefit, is a grant, or is a capital receipt. A person outside business can still make ordinary income from a one-off commercial profit-making transaction. Always keep the CGT regime in view when an asset is sold.
Deep Teaching Commentary — Learn the Doctrine, Then Learn How to Use It
Business-income analysis has two levels. First, determine whether the taxpayer is carrying on a business. Secondly, once a business exists, characterise each receipt: ordinary trading receipt, incidental receipt, non-cash business benefit, bounty/subsidy, isolated profit-making transaction, capital receipt or CGT amount. Skipping the threshold business question can lead to the wrong statutory regime.
No single business indicator is decisive. Organisation, scale, repetition, commerciality, profit purpose and the nature of the property/activity are weighed together. The cases show that small or part-time activity can still be a business, while a large investment can remain passive. A university answer should compare the facts to the indicators instead of counting them mechanically.
The income/capital distinction remains important because CGT and ordinary income use different loss, timing and concession rules. Myer and the ATO rulings on isolated transactions show that a taxpayer who is not generally in business can nevertheless derive ordinary income from a commercial profit-making venture entered into with a profit purpose.
Provision-by-provision teaching guide
| Provision / regime | What it does | How to use it in a university answer |
|---|---|---|
| ITAA97 s 6-5 | Ordinary business receipts are included as ordinary income. The scope extends to receipts in the ordinary course and some incidental/commercial gains. | Use after determining that the activity is a business or a commercial profit-making operation. |
| ITAA97 s 70-10 | Defines trading stock and helps distinguish revenue assets held for sale from passive investments/capital assets. | Use where goods are acquired for sale in the business. |
| ITAA36 s 21A | Brings certain non-cash business benefits into assessable income and contains reduction rules in subsections (3) and (4). | Use where a business taxpayer receives goods, services or another benefit rather than money. |
| ITAA97 s 15-10 | Deals with bounties and subsidies received in relation to carrying on a business, subject to the statutory requirements. | Use for government grants after checking whether the amount is already ordinary income. |
| ITAA97 ss 102-5, 102-10, 102-15, 102-20 and 104-10 | Provide the CGT framework that may apply where a profit is capital rather than ordinary income. | Analyse ordinary income and CGT separately, then apply the anti-overlap rules. |
| ITAA97 s 8-1 | Can permit losses from a business or qualifying isolated commercial transaction where the statutory nexus exists and no negative limb applies. | Use with TR 92/4 for isolated-transaction losses. |
Cases, rulings and authorities — proposition + exam function
| Authority | Proposition taught by the source material | When to use it |
|---|---|---|
| Martin v FCT (1953) 90 CLR 470 | Used to distinguish recreation/hobby activity from a business. | Use where activity is small-scale, irregular or recreational. |
| Ferguson v FCT 79 ATC 4261 | Demonstrates that a business can exist despite modest scale where activities are systematic, commercial and directed to profit. | Use to counter the argument that small scale automatically means hobby. |
| FCT v Walker 85 ATC 4179 | Supports a fact-sensitive business analysis involving organisation and commercial character. | Use with the broader indicator framework. |
| Stone v FCT 2005 ATC 4234 | Shows how professional/sporting activities and related receipts can collectively acquire business character. | Use for elite sport, sponsorship/prize income and organised income-producing activity. |
| Cooke & Sherden | Historical non-cash benefit authority; modern business facts require consideration of s 21A. | Use to explain why Parliament enacted statutory non-cash benefit rules. |
| Federal Coke Co Pty Ltd v FCT 77 ATC 4255 | Illustrates that a receipt can be capital even if connected with business circumstances; character depends on what the receipt is for. | Use when a business receives an unusual lump sum. |
| FCT v Myer Emporium Ltd 87 ATC 4363 | A profit from an isolated transaction can be ordinary income where the transaction is entered into with a profit-making purpose in a business/commercial operation. | Use as the principal authority for isolated commercial profits. |
| Westfield Ltd v FCT 91 ATC 4234 | Emphasises the importance of the taxpayer’s purpose at acquisition and the commercial context; a later sale at profit does not automatically make the gain ordinary income. | Use where profit purpose is alleged but the asset was originally acquired for another commercial purpose. |
| Whitfords Beach; Californian Copper; Rutledge | Supply contrasting authorities on commercial realisation, development and isolated dealing. | Use to demonstrate the continuum between mere realisation of an investment and a profit-making scheme. |
| TR 92/3 and TR 92/4 | ATO guidance on profits and losses from isolated transactions. | Use as administrative guidance after stating the cases/statute; rulings do not replace the judicial test. |
Matching tutorial — fact-by-fact reasoning map
Identify the point at which organisation, repetition, commercial equipment, customers and profit purpose move the activity beyond hobby. Explain that the commencement date can affect which receipts/outgoings belong to the business period.
Once the business exists, sales revenue is ordinary income. Apply the correct derivation method to unpaid invoices if relevant.
Ask whether the prize is connected with carrying on the business, then apply s 21A and its valuation/reduction rules where applicable.
Test ordinary income first, then s 15-10. The purpose of the grant and its connection to carrying on the business matter.
Characterise the asset: trading stock, depreciating asset or capital asset. Do not automatically treat sale proceeds as ordinary business income merely because the taxpayer runs a business.
Analyse the rowing activity separately from the coffee business. Apply business indicators and personal-exertion/prize cases to determine whether the receipts are income or private/hobby windfalls.
How to write this chapter in IRAC / tax-problem form
Issue. Identify the taxpayer, income year and transaction. Break the problem into separate receipts, outgoings, CGT events or administrative decisions. Do not write one broad issue such as “what tax is payable?”.
Rule / Law. Start with the exact Act and provision. If the section contains multiple limbs, subsections, paragraphs, exceptions or a method statement, set them out in the order in which they operate. Then add the case, ruling or ATO authority for the particular proposition it explains.
Application. Apply one fact to one legal element at a time. Compare the facts with the authority and deal with the strongest alternative characterisation. Where the law requires a calculation, show the legal order and the arithmetic together.
Conclusion. State the legal tax consequence and amount where possible. Then add any associated loss, penalty, objection/review, timing or administrative consequence relevant to the chapter.
Chapter mastery — 15 questions with model answers
Source-Coverage Audit — Every Statutory Reference in the Supplied Materials
This completeness layer preserves every detected Act, Part, Division, Subdivision, section, subsection, paragraph and method-statement reference from the supplied Forum/Tutorial materials. Use the teaching chapter above for explanation; use this audit to ensure no source reference is silently omitted.
Source-Coverage Audit — Every Case, Ruling and Authority in the Supplied Materials
Every detected case or ruling from the aligned materials is retained here. The blue link opens an AustLII search so the authority can be checked and later replaced with the most direct official/public judgment link where appropriate.
Detailed Forum / Lecture Source Notes — Completeness Layer
The following is the detailed teaching layer derived from the supplied Forum material. It is kept deliberately full at draft stage so that the final editing pass can improve prose without losing doctrine, examples, calculations or statutory detail.
(Brief) Introduction To Capital Gains Tax (Cgt)
Distinction between pre and post CGT assets
Post CGT assets are acquired on or after 20 September 1985
Capital gains on pre-CGT assets are disregarded
You only make a capital gain or loss if a CGT Event happens (see s 102-20 ITAA97)
Most common CGT Event is CGT Event A1 - disposal of a CGT asset (see s 104-10 ITAA97)
Assessable income includes net capital gains (s 102-5 ITAA97)
Capital losses can only be utilised against capital gains (ie quarantining rule for capital losses). There is no deduction for net capital losses. Net capital losses can only be carried forward and offset against future capital gains (sections 102-10 and 102-15).
Therefore, returning to our question from above: why is the income/capital distinction still so important? Some reasons:
Pre-CGT assets
Availability of indexation in some situations
Availability of CGT concessions such as the 50% CGT discount
Quarantining rule for capital losses
Different tax accounting rules
Different valuation rules
We will expand on these issues in much further detail when we discuss CGT in later Forums.
Receipts And Benefits From A Business
The proceeds of a business are income according to ordinary concepts.
Issue 1: Is the taxpayer in business?
Indicators of a business:
Martin v FCT (1953) 90 CLR 470
Case K25 78 ATC 243
Ferguson v FCT 79 ATC 4261
FCT v Walker 85 ATC 4179
*Stone v FCT 2005 ATC 4234
6.Characteristics or quantities of property dealt in
Inherent characteristics of the taxpayer
Other factors
Also, see Taxation Ruling TR 97/11 at paragraph 13 for a helpful summary.
Issue 2: Is the relevant receipt received in the ordinary course of the taxpayer’s business?
Once the existence of a business is established, the taxation of receipts of that business proceeds on the assumption that gains made on transactions within the ordinary course of the business are income (or receipts that are normal incidents of the business).
Consider the definition of trading stock in s 70-10 ITAA97. Does the sale of trading stock generate any ordinary income? Why?
What is the tax treatment of receipts obtained in the ordinary course of a taxpayer’s business (or are incidental to the business) but are not cash (ie non-cash business benefits? See the next subheading.
Non-Cash Business Benefits
We discussed in Forum 2 that amounts not convertible into money are not ordinary income.
Consider the following cases:
*FCT v Cooke & Sherden 80 ATC 4140
*Payne v FCT 96 ATC 4407
Section 21A ITAA36:
When was it introduced?
What is its effect?
When does it apply?
Does it make amounts income?
Arm’s length value rule
Reductions under s 21A(3) and s 21A(4)
If the facts of the above cases occurred today, how might section 21A ITAA36 apply, if at all, to these cases? Refer to the discussion in Forum 2.
Consider the effect of section 23L(2) ITAA36 -exemption for certain benefits in the nature of income. Would this section change your answer in the above example (eg if you removed a “zero” from each of the relevant prices)?
Other issues in the context of business income
It is also necessary to distinguish those assets that might be sufficiently connected to a business but which are not among the assets that are dealt with in the ordinary course of the activities of the relevant business.
The difference between a transaction giving rise to an income receipt as opposed to a capital receipt lies in the distinction between the sale or realisation of a revenue asset (non-structural asset) and the sale of a capital asset (structural asset).
The sale or realisation of a revenue asset gives rise to a revenue/income receipt, whereas the sale or realization of a structural asset gives rise to a capital receipt.
These themes will be discussed under headings (a), (b) and (c) below.
Gifts, prizes and windfalls
*Federal Coke Company Pty Ltd v FCT 77 ATC 4255
*FCT v Cooke & Sherden 80 ATC 4140 and s 21A ITAA36.
*The Squatting Investments Co Ltd v FCT (1954) 88 CLR 413 (Privy Council)
Section 15-10 ITAA97 - Bounties and Subsidies. When does this section apply? You could also refer to Taxation Ruling TR 2006/3.
Revenue vs structural assets and the scope of a business
Mere realisation of investments
Business involves activity and trading whereas investing is usually passive and involves retention
*Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (904) 5 TC 159
Issue 3: Isolated business ventures
Business usually involves transactions that are recurrent. Can an isolated transaction in a business context be classified as income?
Rutledge v IRC (1929) 14 TC 490
FCT v Whitfords Beach Pty Ltd 82 ATC 4031
*FCT v Myer Emporium Ltd 87 ATC 4363
See the Additional Material at the back of these lecture notes regarding the Myer decision and its implications.
Taxation Ruling TR 92/3
Taxation Ruling TR 92/4
*Westfield v FCT 91 ATC 4234
Additional Material
FCT v Myer Emporium Ltd 87 ATC 4363
The High Court in Myer relied on 2 strands of reasoning in holding that the amount received by the taxpayer was income. They are as follows.
1st strand: The amount in issue was a profit from a transaction which, although not within the ordinary course of the taxpayer's business, was entered into with the purpose of making a profit and in the course of the taxpayer's business.
2nd strand: The taxpayer sold a mere right to interest for a lump sum, that lump sum being received in exchange for, and as the present value of, the future interest it would have received. The taxpayer simply converted future income into present income.
The Commissioner’s views on the application of the decision in Myer are contained in Taxation Ruling 1992/3. The extract below is a summary of the Commissioner’s view as set out in paragraphs 15 and 16 of the Ruling.
“If a taxpayer carrying on a business makes a profit from a transaction or operation, that profit [emphasis added] is income if the transaction or operation:
is in the ordinary course of the taxpayer's business - provided that any gross receipt from the transaction or operation is not income; or
is in the course of the taxpayer's business, although not within the ordinary course of that business, and the taxpayer entered the transaction or operation with the intention or purpose of making a profit; or
is not in the course of the taxpayer's business, but
the intention or purpose of the taxpayer in entering into the transaction or operation was to make a profit or gain; and
(ii) the transaction or operation was entered into, and the profit was made, in carrying out a business operation or commercial transaction.
If a taxpayer not carrying on a business makes a profit, that profit is income if:
the intention or purpose of the taxpayer in entering into the profit-making transaction or operation was to make a profit or gain; and
(b) the transaction or operation was entered into, and the profit was made, in carrying out a business operation or commercial transaction.”
In relation to the situation where a taxpayer makes a loss on an isolated transaction, the Commissioner outlines his view in Taxation Ruling 1992/4 as follows:
“A loss from an isolated transaction is generally deductible under subsection 51(1) [now s 8-1 ITAA97] if:
in entering into the transaction the taxpayer intended or expected to derive a profit which would have been assessable income; and
the transaction was entered into, and the loss was made, in the course of carrying on a business or in carrying out a business operation or commercial transaction.”
Commercial Transaction or Business Operation vs Mere Investment
According to paragraphs 12 and 13 of TR 92/3, the ATO considers that “[f]or a transaction to be characterised as a business operation or a commercial transaction, it is sufficient if the transaction is business or commercial in character.
Some matters which may be relevant in considering whether an isolated transaction amounts to a business operation or commercial transaction are the following:
the nature of the entity undertaking the operation or transaction;
the nature and scale of other activities undertaken by the taxpayer;
the amount of money involved in the operation or transaction and the magnitude of the profit sought or obtained;
the nature, scale and complexity of the operation or transaction;
the manner in which the operation or transaction was entered into or carried out;
the nature of any connection between the relevant taxpayer and any other party to the operation or transaction;
if the transaction involves the acquisition and disposal of property, the nature of that property; and
the timing of the transaction or the various steps in the transaction.”
The following examples are extracted from Taxation Ruling TR 92/3 and Taxation Ruling TR 92/4.
How would you characterise the gains or losses in each of the examples below? [In your revision, you will also need to consider any relevant CGT issues in these examples. Note that the ATO does not do this in the Rulings as it is only discussing the ordinary income/ general deduction issues in the Rulings. You risk making incomplete conclusions if you do not consider the CGT issues. We discuss CGT in later Forums.]
“Ms Donovan, a public servant, purchased 10,000 shares in a listed public company at a price of $1 each and sold them 18 months later for $2 each. During that period, the company paid one small dividend. Donovan was not carrying on a business of trading in shares. A significant purpose of Donovan in acquiring the shares was to make a profit from an increase in the value of the shares.
The profit made on the sale of the shares is not income. The transaction was merely an investment, not a business operation or commercial transaction.” [See Example 1 from TR 92/3.]
“Mr Leary carried on a pharmacy business as a sole trader. He acquired a residential property and leased the property to an arm's length party for 3 years, bringing small net returns. Leary then sold the property at a large profit during a property boom. He had no previous dealings in property, other than as lessee of his shop premises.
Mr Leary's profit is not income because the acquisition and sale of the residential property was not a business operation or commercial transaction. It was the acquisition and sale of an investment, even if a significant purpose of Leary in acquiring the property was profit-making.” [See Example 2 from TR 92/3.]
“Mr Goldfinger purchased a number of gold bars for $100,000 and, following a sharp rise in the price of gold, sold the gold bars one week later for $110,000. Goldfinger did not carry on a business and had no previous dealings in gold.
The profit of $10,000 is income and assessable under s [6-5]. It can be inferred from the objective circumstances (especially the quick sale following a rise in price and the fact that the asset had no immediate use other than as an object of trade) that profit-making was a significant purpose of Goldfinger in acquiring the gold bars. Furthermore, the substantial amounts of money involved and the nature of the asset traded lead to the conclusion that the transaction was commercial in nature.” [See Example 4 from TR 92/3.]
What if the gold bars had been sold for $85,000? Consider TR 92/4.
Matching Tutorial — Full Problem Source and Teaching Integration
The tutorial is part of the chapter, not an afterthought. Read the facts by turning each receipt, outgoing, event or procedural step into a separate issue. Write the relevant provision beside each issue before applying the cases.
Tutorial 4 - Week 5
Amira Zaid is a former corporate lawyer located in Brisbane.
Coffee roasting activities
In early 2024, while still employed full-time, Amira began roasting specialty coffee beans at home using the name, “Artisan Coffee Collective”. She described it as a “side project”, and had no: ABN, separate bank account, business plan, insurance or advertising. Amira sold the coffee irregularly to friends and colleagues. Prices were informal, records were incomplete, and sales from the activity for the 2023-24 income year were about $3,800 with no overall profit.
By early 2025, demand had increased through word of mouth and social media. Amira obtained an ABN, registered the business name, opened a separate bank account, began tracking margins, and contacted local cafés, but she was still working as a lawyer and roasting beans outside work hours. Sales remained uneven and she sometimes declined orders due to limited capacity. Between January and June 2025, Amira made $18,000 in sales, mostly through repeat orders.
In July 2025, Amira:
left her legal role
significantly changed her coffee activities
leased commercial premises for 3 years
launched an online store
bought industrial roasting equipment
entered into regular supply arrangements with 3 cafés
developed and implemented a business plan aimed at considerable growth
advertised on social media
registered for GST
obtained insurance
engaged a bookkeeper, and
employed a casual assistant.
In the 2025-26 income year:
Amira made regular weekly sales of roasted beans to café owners and the public, generating $180,000 in total revenue for the year from selling roasted beans. Of the sales revenue, $165,000 was received directly from customers into Amira’s bank account during the year, with the remaining $15,000 generated from invoices issued during the year to local businesses that remained outstanding at 30 June 2026.
Amira incurred $50,000 in raw coffee bean purchases and other expenses of $70,000 (so her net profit for financial accounting purposes was $60,000).
A coffee equipment manufacturer informed Amira that Artisan Coffee Collective was the “fastest growing independent roaster” in the region and awarded Amira an espresso machine (that was made in Italy) due to her sales growth. The award had been mentioned in the manufacturer’s advertising. The machine had a retail value of $9,000, wholesale value of $5,000 (to cafés and roasters), and production cost of $3,200. Amira did not pay to enter, had no promotional obligations, and used the machine only at home for private purposes. If relevant, Amira is not entitled to any deductions for the espresso machine.
Amira sold her original domestic roasting machine for $3,000. She had bought it for $2,000 in early 2024 for the initial home-roasting activity and later used it occasionally as a backup after moving to commercial premises. If relevant, the machine’s written down value on the date of sale was $1,200.
Amira received a $15,000 operating support grant from the Queensland government, which was available to her due to her roasting activities during the year to assist with operating expenses. Amira used the grant to pay commercial rent and her casual assistant’s wages.
Rowing activities
Separately, Amira is a passionate rower. She trains 3 mornings per week, belongs to a local rowing club, maintains a public Instagram account about her rowing, and enters between 8 and 10 community and regional rowing events each year.
During the 2025-26 income year, Amira wins prize money of $3,500 across 3 events, and receives sports apparel worth $1,500 from a local sports store after tagging the store in several posts. There was no agreement with the store, no obligation to post further content, and no request that she promote its products.
Amira enters events for recreation and personal achievement, and her annual rowing expenses, including travel, entry fees and equipment, exceed the value of the prizes and products received.
Advise Amira if, and from when, she is carrying on a business (or businesses) for income tax purposes, and
Advise Amira whether the above receipts or profits are assessable income to her as ordinary income only for the 2025-26 income year.
Support your answer to both questions with relevant case law principles and legislative references, and provide reasons for any exclusions.
Assume all amounts are GST exclusive.
You are not required to apply capital allowance provisions in Div 40 ITAA97 to this scenario.