Main laws

Commonwealth Act

Income Tax Assessment Act 1997 (Cth)

The Income Tax Assessment Act affects business income, deductions, losses, depreciation, owner payments and tax records.

In forceCommonwealthPlain-English guide5 practical checks

Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.

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Quick read

  • This Act is the backbone of income tax for Australian businesses.
  • Small-business owners mainly feel it through income, deductions, losses, depreciation, concessions, owner payments and records that must survive accountant, ATO or buyer review.

Likely relevant if

  • Companies, sole traders, partnerships and trusts earning business income
  • Startups and SMEs claiming deductions, losses, depreciation or concessions
  • Businesses buying assets, paying owners or changing structure

Check first

  • Identify business income and keep records that support taxable income calculations.
  • Review deductions, losses, depreciation and concessions with a tax adviser.
  • Separate business, personal, capital and private-use records.

Start here

The Income Tax Assessment Act is enormous, but a small business does not need to read it like a textbook. The practical job is to know where income-tax issues show up: pricing, invoices, asset purchases, deductions, losses, owner payments, employee benefits, restructures and business-sale records.

Key points

  • Keep business and personal records separate.
  • Ask before assuming an expense is deductible.
  • Document asset purchases, finance, depreciation and private use.
  • Review tax consequences before restructuring or selling.

Records to keep clean

Documents to keep in order

  • Income records, invoices, contracts and bank reconciliations.
  • Expense records, supplier invoices and business-purpose notes.
  • Asset purchase, finance, depreciation and disposal records.
  • Owner payment, dividend, loan and reimbursement records.
  • Advice and calculations for concessions, losses or unusual tax positions.

Plain-English glossary

Assessable income
Income that must be included when working out taxable income.
Deduction
An amount that may reduce taxable income if the legal requirements are met.
Depreciating asset
An asset that declines in value over time and may be dealt with under capital allowance rules.

Common questions

Is this page tax advice?

No. It is a legal/compliance map for business owners. Specific tax positions, deductions, concessions and structures should be checked with a tax adviser.

Why include this in a business law library?

Because contracts, structures, asset purchases, owner drawings, employee benefits and sale planning often create income-tax records and consequences.

Should a business owner read the whole Act?

No. Use this page to understand the operational touchpoints, then work with an accountant or tax lawyer on the specific provisions that matter.

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