Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051410234159

Date of advice: 6 August 2018

Ruling

Subject: Assessable Income

Question

Are the “Set for Life” lottery win amounts you receive to be included in your assessable income?

Answer

No.

Having considered your circumstances and the relevant factors, the prize is a windfall gain. Therefore, the value of the prize under subsection 6-5(1), section 6-10 and subsection 15-2(1) of the Income Tax Assessment Act 1997 is not assessable as ordinary or statutory income as there is no connection between payment and employment. Further information can be found on our website ato.gov.au and entering Quick Code QC 31936 into the search bar at the top right of the page.

This ruling applies for the following period:

Year ended 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are retired.

You purchased a ticket in the Lottery.

You won the lottery and now receive the prize.

ATO view documents

ATO ID 2002/644

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-10

Income Tax Assessment Act 1997 Subsection 6-5(1)

Income Tax Assessment Act 1997 Subsection 15-2(1)


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).