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ATO Interpretative Decision

ATO ID 2001/610 (Withdrawn)

Income Tax
Assessable Income - Interest income calculated at a higher rate (normal rate plus penalty)

Attention This ATO ID is withdrawn. Guidance relating to the issue addressed in this ATO ID can be found in Investment income (QC 31937).
Attention This document has changed over time. View its history.
FOI status: may be released
Status of this decision: Decision withdrawn 5 May 2017.

CautionCAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.


Issue

Are interest payments made to the taxpayer on an investment at a higher rate (normal rate plus penalty) for breaches of loan conditions, assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?

Decision

Yes. Interest payments made to the taxpayer on an investment at a higher rate (normal rate plus penalty) for breaches of loan conditions are assessable income under section 6-5 of the ITAA 1997 as the payments are ordinary income.

Facts

The taxpayer made a substantial investment in a mortgage fund. Subsequently, the mortgage fund was placed under external administration.

The taxpayer received from the administrator an amount less than the original investment in the mortgage fund. The receipt from the administrator comprised:

·
 return of capital;
·
 interest calculated at the higher rate (normal rate plus penalty); and
·
 interest calculated at the normal rate for compliance with the loan conditions.

Reasons for Decision

Subsection 6-5(2) of the ITAA 1997 provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources during the income year.

Ordinary income has generally been held to include three categories, namely, income from rendering personal service, income from property and income from carrying on a business. In many instances there can be no dispute as to the character of a receipt, for example salary, wages and interest payments are clearly ordinary income. Interest calculated at a higher rate (normal rate plus penalty) is income from property and the higher interest rate was imposed as a penalty for non-compliance with the loan conditions.

Interest payments made to the taxpayer on an investment at a higher rate (normal rate plus penalty) for breaches of loan conditions are ordinary income and are therefore assessable income under section 6-5 of the ITAA 1997.

Date of decision: 23 July 2001

Year of income:Year ended 30 June 2001

Legislative references:
Income Tax Assessment Act 1997
   section 6-5
   subsection 6-5(2)

Keywords
Interest income

Siebel/TDMS reference number: DW236160; 1-B86RJ80

Business line: Small Business/Individual Taxpayers

Date of publication: 22 November 2001
Date reviewed: 30 April 2014

ISSN: 1445-2782

ATO ID 2001/610 (Withdrawn) history   Top  
   Date   Version 
   23 July 2001   Original statement   
 You are here ®   5 May 2017   Withdrawn   


 


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