ATO Interpretative Decision
ATO ID 2002/924 (Withdrawn)
Assessability of a disability support pension paid under the Safety Rehabilitation and Compensation Act
FOI status: may be released
||This ATO ID is withdrawn because it contains a view in respect of the absence of a provision of the Income Tax Assessment Act 1997 in relation to incapacity payments under the SRCA. A provision to this effect was consequently put in place, effective 24/4/2004. Despite its withdrawal, this ATO ID continues to be a precedential ATO view in respect of decisions for income years up to, and including, the 2002-2003 income year.
||This document has changed over time. View its history.
Status of this decision: Decision withdrawn 31 March 2017.
|CAUTION: 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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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.
Is the incapacity payment made to a taxpayer by the Department of Veterans' Affairs (DVA) in accordance with the Safety Rehabilitation and Compensation Act 1988 (SRCA) included in their assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?
Yes. The incapacity payment made to a taxpayer by the DVA in accordance with the SRCA is included in their assessable income under section 6-5 of the ITAA 1997.
The DVA makes an incapacity payment to the taxpayer in accordance with the SRCA.
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.
Pensions are generally assessable as 'ordinary' income. Therefore, the incapacity payment is assessable unless it is made exempt from tax by a provision of the Income Tax Assessment Act 1936 (ITAA 1936) or ITAA 1997.
Subdivision 52-B of the ITAA 1997 exempts from income tax disability pensions paid under the Veterans' Entitlements Act 1986 (VEA).
Although the taxpayer receives an incapacity payment from the DVA, the payment is made under the SRCA and not under the VEA. There is no provision in the ITAA 1936 or ITAA 1997 that exempts an incapacity payment made under the SRCA.
|Date of Amendment
|18 December 2015
||Abbreviated Department of Veterans' Affairs to DVA. Updated disability support pension to incapacity payment.
Date of decision: 24 June 2002
|Year of income:||Year ended 30 June 2001|
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Veterans' Entitlements Act 1986
Safety Rehabilitation and Compensation Act 1988
Siebel/TDMS Reference Number: DW351264; 1-7J08HCS; 1-B1G82Q7
Business Line: Small Business/Individual Taxpayers
Date of publication: 26 September 2002
|ATO ID 2002/924 (Withdrawn) history