Eligibility for the tax offset
You can claim the tax offset if you:
1. You are an eligible corporate entity if you are both a:
- company, corporate limited partnership or a public trading trust throughout
the income year that you are claiming the tax offset
the income year you choose to carry the loss back to (ignoring any part of the year before you existed)
any income years in between
- small business entity in the loss year or would have been a small business entity if the aggregated turnover threshold was $5 billion.
2. Tax losses and tax liabilities
You can only carry back certain tax losses to certain income years for which you have an income tax liability.
Tax losses
You can only carry back tax losses made in the 2019–20, 2020–21 or 2021–22 income years.
You can only use a tax loss once.
You cannot carry back:
capital losses
certain tax losses arising from the conversion of excess franking offsets
transferred losses relating to either
- foreign banking groups (Division 170 of the Income Tax Assessment Act 1997 (ITAA 1997))
- head companies of consolidated groups (Subdivision 707-A of the ITAA 1997).
Tax liabilities
You can carry back losses to the 2018–19, 2019–20 or 2020–21 income year if you were liable to pay income tax for that year. Refer to Paying your liabilities and claiming the tax offset.
Check your eligibility
The following table shows which income year your tax loss must be made in and which income year you can carry that loss back to.
Check your eligibility
3. Lodgment obligations
To claim the tax offset for an income year, you must both:
lodge your tax return for that income year
have lodged for the previous five income years, refer to Working out the tax offset.
If you have not lodged for any of those income years, you may still be able to claim the tax offset if for those years, either:
we assessed your income tax liability
you were not required to lodge a tax return.
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