Taxation Determination

TD 2006/22

Income tax: is disaster relief money received from charities, to which local, state or federal government or their agencies have made payments, assessable income of taxpayers carrying on a business?

Please note that the PDF version is the authorised version of this ruling.

FOI status:

may be released

This Ruling provides you with the following level of protection:

This publication (excluding appendixes) is a public ruling for the purposes of the Taxation Administration Act 1953. A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes. If you rely on this ruling, we must apply the law to you in the way set out in the ruling (or in a way that is more favourable for you if we are satisfied that the ruling is incorrect and disadvantages you, and we are not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you.

Ruling

1. No. One-off disaster relief money received by a taxpayer carrying on a business from a charity as part of community assistance, in the situations covered in paragraph 2 of this Ruling, is not assessable income under either section 6-5 or 15-10 of the Income Tax Assessment Act 1997 (ITAA 1997).

2. This determination deals with situations where taxpayers, who experience financial hardship as a result of a natural disaster such as a drought or bushfire, receive financial assistance from a charity for the basic necessities of life - that is meeting essential family household bills such as food and water, clothing, health and medical bills, children's education costs and the normal household bills of electricity, phone, fuel and communication. The charity conducts a relief appeal and receives donations from the general public and payments from local, state or federal government or their agencies.

Example

3. A bushfire causes major damage in and around a rural centre. A public fund is established by a charity to accept donations from people wishing to provide assistance to victims of the bushfire. The fund receives donations from the public as well as a large contribution from the Federal Government. The charity makes one off payments of $1,000 to those affected by the bushfire. The payments are unconditional and represent a gift to help people in difficult financial circumstances. Both individuals and taxpayers who carry on a business receive a gift of money from the fund. Payments from the fund received by the recipients are not assessable under section 6-5 or 15-10 of the ITAA 1997.

Date of effect

4. This Determination applies to years of income commencing both before and after its date of issue. However, the Determination does not apply to taxpayers to the extent that if conflicts with the terms of settlement of a dispute agreed to before the date of issue of the Determination.

Commissioner of Taxation
26 April 2006

Appendix 1 - Explanation

This Appendix is provided as information to help you understand how the Commissioner's view has been reached. It does not form part of the binding public ruling.

Explanation

5. The receipt of money or other property by way of a simple gift and nothing more is not a receipt of income. A receipt of a voluntary payment of money or a voluntary transfer of property is prima facie not income in the hands of the recipient. If nothing more appears than the receipt of some money or property, what is received is capital and not income. On the other hand, if the facts surrounding the transaction show that the payment or transfer was made without legal obligation, but is nevertheless so related to a recipient's employment, or to services rendered, or to a business carried on, that it is, in substance and in reality, not a mere gift but the product of an income earning activity, it is regarded as assessable income of the recipient.

6. Government payments received by a charity that form an unidentifiable part of the overall funds received for the purpose of providing aid to persons in need do not alter the non-taxable nature of the aid provided by the charity.

7. This Determination does not deal with other specific financial assistance provided by local, state or federal government, either directly or through an agency or a third party, to taxpayers carrying on a business. This type of assistance may be ordinary income assessable under section 6-5 of the ITAA 1997 or a bounty, subsidy or grant assessable under section 15-10 of the ITAA 1997.

Previously issued as TD 2005/D51

References

ATO references:
NO 2005/11562

ISSN: 1038-8982

Subject References:
assessable income
bounty
business
grant
ordinary income
subsidy

Legislative References:
TAA 1953
ITAA 1997 6-5
ITAA 1997 15-10

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