Class Ruling

CR 2006/77W

Income tax: eligible termination payment - special redundancy payment made by the New South Wales Government to timber industry workers under the Brigalow Timber Workers Assistance Fund

Please note that the PDF version is the authorised version of this withdrawal notice.

This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

FOI status:

This publication provides you with the following level of protection:

This publication (excluding appendixes) is a public ruling for the purposes of the Taxation Administration Act 1953.

A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes.

If you rely on this ruling, we must apply the law to you in the way set out in the ruling (or in a way that is more favourable for you if we are satisfied that the ruling is incorrect and disadvantages you, and we are not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you.

Withdrawal

1. This Ruling is withdrawn and ceases to have effect after 30 June 2007. The Ruling continues to apply, in respect of the relevant provisions ruled upon, to all entities within the specified class who enter into the specified scheme during the term of the Ruling. Thus, the Ruling continues to apply to those entities, even following its withdrawal, for schemes entered into prior to withdrawal of the Ruling. This is subject to there being no change in the scheme or in the entities' involvement in the scheme.

Commissioner of Taxation
16 August 2006

Not previously issued as a draft

References

ATO references:
NO 2006/13299

ISSN: 1445-2014

Related Rulings/Determinations:

IT 2168
TR 94/12
TR 2003/13
TD 2005/21

Subject References:
bona fide redundancy payments
eligible termination payments
employment termination
ETP components
ETP pre July 1983 component
ETP post June 1983 component

Legislative References:
TAA 1953
TAA 1953 Sch 1 357-75(1)
ITAA 1936 27A
ITAA 1936 27A(1)
ITAA 1936 27A(19)
ITAA 1936 27A(20)
ITAA 1936 27F
ITAA 1936 27F(1)
ITAA 1936 27F(1)(a)
ITAA 1936 27F(1)(aa)
ITAA 1936 27F(1)(b)
ITAA 1936 27F(1)(c)
ITAA 1936 27F(1)(d)
Copyright Act 1968

Case References:
R v. The Industrial Commission of South Australia; ex parte Adelaide Milk Supply Co-operative Ltd & Ors
(1977) 44 SAIR 1202
(1977) 16 SASR 6

Reseck v. Federal Commissioner of Taxation
(1975) 49 ALJR 370
(1975) 6 ALR 642
(1975) 5 ATR 538
(1975) 75 ATC 4213
(1975) 133 CLR 45

McIntosh v. Federal Commissioner of Taxation
(1979) 25 ALR 557
(1979) 10 ATR 13
(1979) 45 FLR 279
(1979) 79 ATC 4325

Short v. FW Hercus Pty Ltd
(1993) 40 FCR 511
(1993) 46 IR 128
(1993) 35 AILR 151

Other References:
Explanatory Memorandum to the Taxation Laws Amendment Bill (No. 2) 1992

CR 2006/77W history

	Date:	Version:	Change:
	1 July 2004	Original ruling
You are here	1 July 2007	Withdrawn

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