Edited version of your private ruling

Authorisation Number: 1012312737718

This edited version of your ruling will be published in the public register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.

Ruling

Subject: Are compensation payments to be included in assessable income

Questions and Answers:

Will the compensation amount or any portion thereof to be paid by The Employer pursuant to sections 67 and 76 of the Workers Compensation and Injury Management Act 1981 (WA) ('the Act') be included in your assessable income?

No.

Will any capital gain arising from the compensation amount be disregarded?

Yes.

This ruling applies for the following period:

Year ended 30 June 2013

The scheme commenced on:

1 July 2012

Relevant facts and circumstances

You sustained compensable disabilities said to have arisen from your employment.

As a result of these injuries, the Employer has undischarged liabilities to you to pay an amount for permanent impairment pursuant to sections 67 and 76 of the Workers Compensation and Injury Management Act 1981 (WA) ('the Act').

You have indicated a willingness to accept a lump sum payment for the purposes of section 67 of the Act as redemption of your employer's liability to you in respect of your incapacity under the Act.

The payout is comprised of two components:

· a lump sum of $amount A payable under Schedule 2 Division 2A of the Act , in respect of an impairment mentioned in Schedule 2 item 51, representing X% of permanent impairment from the injury.

· a lump sum of $amount B payable under Schedule 2 Division 2A of the Act , in respect of an impairment mentioned in Schedule 2 item 52, representing X% of permanent impairment from the injury.

Relevant provisions:

Income Tax Assessment Act 1997 Section 6-5.

Income Tax Assessment Act 1997 Section 15-30.

Income Tax Assessment Act 1997 Section 118-37.

Reasons for decision

Section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997)

Section 6-5 of the ITAA 1997 deals with receipts of ordinary income. It does not operate to include in a taxpayer's assessable income amounts of a capital nature.

The compensation amounts are to be paid under Schedule 2 Division 2A of the Act. The money to be received will be in satisfaction of giving up your rights in respect of permanent impairment from the injury. .

These are rights of a capital nature and the money to be received to compensate you for their relinquishment will similarly be of a capital nature.

Section 6-5 of the ITAA 1997 will not apply to the compensation amounts.

Section 15-30 of the ITAA 1997

Section 15-30 of the ITAA 1997 operates to include in a taxpayer's assessable income:

any amount received by way of insurance or indemnity for the loss of an amount if:

(a) the loss amount would have been included in your assessable income; and

(b) the amount you receive is not assessable as ordinary income under section 6-5.

The compensation amounts to be paid under Schedule 2 Division 2A of the Act do not meet this description as they are not paid for loss of earnings but in satisfaction of the giving up of capital rights.

Section 15-30 of the ITAA 1997 will not apply to the compensation amounts.

Section 118-37 of the ITAA 1997

Section 118-37 of the ITAA 1997 states that you may disregard any capital gain or capital loss from any Capital Gain Tax event 'relating directly .... to compensation or damages you receive for any wrong or injury you suffer in your occupation.'

The compensation amounts to be paid under Schedule 2 Division 2A of the Act meet this description.

Section 118-37 of the ITAA 1997 will apply to the compensation amounts so that any capital gain or capital loss you make will be disregarded.