Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 768 - Foreign non-assessable income and gains  

Subdivision 768-B - Some items of income that are exempt from income tax  

SECTION 768-105   Compensation arising out of Second World War  

768-105(1)  
A payment to you is exempt from income tax if:


(a) you are an Australian resident at the time when it would otherwise be included in your assessable income; and


(b) the payment is from a source in a foreign country; and


(c) the payment is in connection with:


(i) any wrong or injury; or

(ii) any loss of, or damage to, property; or

(iii) any other detriment;
suffered by you or another individual as a result of:

(iv) persecution by the National Socialist regime of Germany during the National Socialist period; or

(v) persecution during the Second World War by any other enemy of the Commonwealth or by a regime covered by subsection (3); or

(vi) flight from persecution mentioned in subparagraph (iv) or (v); or

(vii) participation in a resistance movement during the Second World War against forces of the National Socialist regime of Germany or against forces of any other enemy of the Commonwealth; and


(d) the payment is not directly or indirectly from any of your *associates.

Note:

An example of a detriment covered by subparagraph (c)(iii) is if you lost the opportunity to qualify for a pension because your period of contribution was cut short because you had to flee persecution by the National Socialist regime.

Duration of Second World War

768-105(2)  
Subsection (1) applies to:


(a) the period immediately before the Second World War; and


(b) the period immediately after the Second World War;

in the same way as it applies to the period of the Second World War.

Regimes associated with an enemy of the Commonwealth

768-105(3)  
This subsection covers a regime that was:


(a) in alliance with; or


(b) occupied by; or


(c) effectively controlled by; or


(d) under duress from; or


(e) surrounded by;

either or both of the following:


(f) the National Socialist regime of Germany;


(g) any other enemy of the Commonwealth. Legal personal representative

768-105(4)  
Subsection (1) applies to a payment to:


(a) your *legal personal representative; or


(b) a trust established by your will;

in a corresponding way to the way in which it would have applied if:


(c) the payment had been to you; and


(d) if the payment is made after your death - you were still alive.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.