A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-15 - NON-ASSESSABLE INCOME    View history reference

Division 54 - Exemption for certain payments made under structured settlements and structured orders    View history reference

Subdivision 54-B - Tax exemption for personal injury annuities    View history reference

Operative provisions

SECTION 54-30  Requirements for payments of the annuity  

 View history reference

54-30(1)  

The *annuity instrument must provide that payments of the *annuity are to be made at least annually:


(a) over a period of at least 10 years during the life of the *injured person; or


(b) for the life of the injured person.

54-30(2)  

The *annuity instrument must specify:


(a) the date of the first payment of the *annuity; and


(b) if the annuity instrument specifies a period of years - the date of the last payment in that period; and


(c) the amount of each periodic payment of the annuity.

54-30(3)  

The *annuity instrument may only allow the amount of a payment to be varied by increasing the amount:


(a) in order to maintain its real value:


(i) by indexation by reference to increases in the *All Groups Consumer Price Index number; or

(ii) by indexation by reference to increases in the full-time adult average weekly ordinary time earnings, published by the Australian Statistician; or


(b) by a percentage specified in the annuity instrument.

54-30(4)  

The *annuity instrument may only allow the amount of a particular payment to be varied:


(a) by only one of the methods referred to in subsection (3); or


(b) by whichever of 2 or more of those methods would result in the biggest or smallest increase.

54-30(5)  

A reference in this section to specifying a date or percentage requires an actual date or figure to be specified, not merely a method of determining a date or figure.

Example:

Under subsection (2), " 13 September 2002 " would be allowed, but " The date on which the annuitant finishes university " would not be allowed.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page