Why this matters.
If you work as a contractor, consultant or freelancer in Australia and most of what a client pays you is for your own skills and effort, that money is personal services income (PSI) under Part 2-42 of the Income Tax Assessment Act 1997. The PSI rules stop people who work much like employees from getting tax benefits that employees can’t, such as splitting income with a partner through a company or trust, or claiming home rent and mortgage interest. Unless you run a personal services business (PSB), the rules limit your deductions (Division 85) and treat income earned through your company, partnership or trust as yours (Division 86).
You are a personal services business if you pass the results test, or if less than 80% of your PSI comes from one client and you pass one of the other tests: unrelated clients, employment or business premises (Division 87). If 80% or more comes from one client and you fail the results test, you need a PSB determination from the ATO. Getting this wrong can mean amended assessments, shortfall penalties and interest, and you must declare PSI correctly in your individual tax return, due by 31 October if you lodge yourself. A single long-term client can also be a sign you are an employee under the Fair Work Act 2009, which brings different rights. This check helps you work out where you stand.