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This edited version has been archived due to the length of time since original publication.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.

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Edited version of private ruling

Authorisation Number: 1011741185847

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Ruling

Subject: Genuine redundancy

The ruling concerned the following:

Is any part of an employer termination payment (ETP) received, exempt from tax as a genuine redundancy payment in accordance with section 83-175 of the Income Tax Assessment Act 1997 (ITAA 1997)?

The Commissioner ruled:

No part of the ETP received is exempt from tax as a genuine redundancy payment, as it does not satisfy all of the requirements of section 83-175 of the ITAA 1997 to qualify as a genuine redundancy payment.