Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 405 - Above-average special professional income of authors, inventors, performing artists, production associates and sportspersons  

Subdivision 405-B - Assessable professional income  

SECTION 405-30   What you cannot count as assessable professional income   Assessable income from continuous service as author or inventor

405-30(1)  
You cannot count as * assessable professional income any assessable income you * derive for meeting your obligations under a * scheme to provide services to another person by engaging in activities as the author of a literary, dramatic, musical or artistic work, or as the inventor of an invention, unless:


(a) the scheme was entered into solely to require you to provide services by:


(i) making one or more specified literary, dramatic, musical or artistic works; or

(ii) inventing one or more specified inventions; and


(b) you have not been providing services, and may not reasonably be expected to provide services, to that person or his or her * associates under successive * schemes that result in substantial continuity of your providing services. Assessable income from certain activities

405-30(2)  
You cannot count as * assessable professional income any assessable income that you * derive for:


(a) coaching or training * sportspersons; or


(b) umpiring or refereeing a * sporting competition; or


(c) administering a * sporting competition; or


(d) being a member of the pit crew in motor sport; or


(e) being a theatrical or sports entrepreneur; or


(f) owning or training animals. Payments at end of employment, and capital gains

405-30(3)  
You cannot count as * assessable professional income:


(a) a *superannuation lump sum or an *employment termination payment; or


(b) an *unused annual leave payment or an *unused long service leave payment; or


(c) a *net capital gain.

This section prevails over section 405-20

405-30(4)  
You cannot count particular assessable income as * assessable professional income if this section says you cannot, even if section 405-20 says you count it.


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