Unusual circumstances

Unusual circumstances are temporary, short-term circumstances that stop you from passing a PSB test because they are completely out of the ordinary.

The unusual circumstances must specifically apply to the individual that the PSBD is in relation to. Industry-wide circumstances, such as economic downturn affecting a particular industry, cannot be relied on as an unusual circumstance when applying for a PSBD.

The unusual circumstances must be temporary, rather than the 'new norm' or a new mode of operation. The more temporary the circumstances are, and the greater the likelihood that the situation will return to normal, the easier it will be to demonstrate that there were unusual circumstances which prevented you from meeting a PSB test.

If you’re applying for a PSBD in relation to the unrelated clients test, the ATO will also accept the following as unusual circumstances:

  • you started a business during the income year and can reasonably expect to pass one of the PSB tests in the next income year, or
  • you provided services to only one client during the income year, but you passed the unrelated clients test in one or more prior income years and can reasonably expect to pass the unrelated clients test again in the next income year.

Personal services income

Steps Progress

What is PSI?

4 mins

Is the income PSI?

5 mins

Income that is not PSI

9 mins

Whose PSI is it?

7 mins

Working out if the PSI rules apply: self-assess as a personal service business (PSB)

2 mins

The 80% rule

5 mins

Results test

8 mins

Unrelated clients test

5 mins

Employment test

5 mins

Business premises test

7 mins

Obtaining work through an agency

5 mins

Apply for a personal services business determination (PSBD)

3 mins

What to do when the PSI rules apply

2 mins

What to do when the PSI rules apply: claiming deductions

11 mins

What to do when the PSI rules apply: how to attribute PSI

8 mins

What to do when the PSI rules apply: PAYG

18 mins

What to do when the PSI rules apply: completing your tax return

4 mins

What to do if the PSI rules don’t apply

3 mins

Record keeping for PSI

1 mins

Help for PSI

1 mins

Case study: instructions

1 mins

Case studies: sole trader

11 mins

Case studies: partnership

12 mins

Case studies: company

12 mins

Case studies: trust

12 mins

Related courses

1 mins

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