CGT Determination Number 14

TD 14

Capital Gains: Will payments made under Accident & Health Assurance policies be exempt from CGT?

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FOI status:

may be releasedFOI number: I 1019041

Payments made to the holders of such policies in respect of personal injuries to themselves are regarded as "compensation" and will not give rise to either capital gains or losses (subsection 160ZB(1)).

2. This treatment will also apply to payments made to a trustee for a taxpayer who has been injured.

Workers Compensation payments may be taxed as ordinary income.

Commissioner of Taxation
10 September 1991


ATO references:
NO N.O. 12.86/9579-2

ISSN 1037 - 1419

Subject References:
Accident & Health Assurance policies;
Compensation payments

Legislative References:

TD 14 history
  Date: Version: Change:
  10 September 1991 Original ruling  
You are here 29 November 2006 Original ruling + note Repeal provision note