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Edited version of your written advice
Authorisation Number: 1013066109903
Date of advice: 16 August 2016
Ruling
Subject: Income - Assessable - Cash Prize
Question 1
Is the cash prize awarded to you assessable income?
Answer
No
This ruling applies for the following periods:
The year ended 30 June 2016
The scheme commences on:
The scheme has commenced
Relevant facts and circumstances
You are employed fulltime as a professor at a University.
You presented a research paper at a conference. The Conference organiser is an affiliate of your employer.
You were awarded the prize for best research paper. The prized was awarded to you based on the quality of your research paper, not your employment.
The prize was not payment for participation in the conference. You would have participated in the conference regardless of the prize money. You did not provide any service in exchange for the prize.
You do not make a living from research prizes. Research prizes are not a common occurrence in your profession.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-10,
Income Tax Assessment Act 1997 Section 6-5(1) and
Income Tax Assessment Act 1997 Section 15-2(1).
Reasons for decision
Summary
As the prize money you received does not constitute either ordinary or statutory income it is not assessable income.
Detailed reasoning
A prize or gift will be assessable income if it is:
• income in the ordinary sense of the word (ordinary income), or
• the provisions of the tax law include it as assessable income (statutory income).
Ordinary income
Under subsection 6-5(1) of the Income Tax Assessment Act 1997 (ITAA 1997), ordinary income means income 'according to ordinary concepts'.
Generally, a gift or prize is regarded as a personal windfall gain and not as ordinary income unless the taxpayer has received the prize or gift because of, in respect of, or in relation to any income-producing activity of the taxpayer.
In determining whether a prize or gift is ordinary income, the courts have established that consideration of the whole of the circumstances is necessary and that the following factors need to be taken into account:
• how, in what capacity, and for what reason the recipient received the prize or gift
• whether the prize or gift is of a kind which is a common incident of the recipient's calling or occupation
• whether the prize or gift is made voluntarily
• whether the prize or gift is solicited
• whether the prize or gift can be traced to gratitude engendered by some service rendered by the recipient to the prize or gift donor
• the motive of the prize or gift donor (through this factor is rarely decisive in itself), and
• whether the recipient relies on the prize or gift for regular maintenance of themselves and any dependants.
Statutory income
Under section 6-10 of the ITAA 1997 assessable income also includes statutory income. Statutory income is amounts that are not ordinary assessable income.
Subsection 15-2(1) of the ITAA 1997 provides that the value to the taxpayer of all gratuities and benefits given or granted to them in respect to, or for, or in relation directly, or indirectly, to any employment will be included in their assessable income.
There must be a connection between the payment and the employment. The receipt must be a product of the employment.
Application to your circumstances
You were chosen to present your research paper at a conference alongside other academics; you were awarded a cash prize for best research paper. The prize was not remuneration for services provided as a conference participant or and employee. Research prizes are not a common occurrence in your profession. You did not rely on winning the prize to provide for your regular maintenance.
The prize money was made voluntarily and not solicited by you.
The prize money is a windfall gain. Therefore, the prize money is not assessable as ordinary or statutory income.
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