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This edited version has been archived due to the length of time since original publication.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

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 private ruling

Authorisation Number: 1012527719051

Ruling

Subject: Income - PAYG (salary, wages, allowances, lump sums)

Question

Is the grant received by you considered assessable income?

Answer

Yes.

This ruling applies for the following period:

Year ended 30 June 2012

The scheme commenced on

1 July 2011

Relevant facts and circumstances

You are employed as an X in a location which is considered rural or remote and you qualified for a grant.

You received $X in the year ended 30 June 2012.

Relevant legislative provisions

Income Tax Assessment Act 1997, Section 6-5.

Income Tax Assessment Act 1997, Section 15-2.

Reasons for decision

Subsection 6-5(1) of the Income Tax Assessment Act 1997 (ITAA 1997) states that 'Your assessable income includes income according to ordinary concepts, which is called ordinary income'. Subsection 6-5(2) of the ITAA 1997 provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources during the income year.

An incentive bonus comes within the meaning of ordinary income. An incentive bonus is an additional reward payment derived by you in your capacity as an employee as a financial incentive to remain in your employment (Dean & Anor v. Federal Commissioner of Taxation (1997) 78 FCR 140; (1997) 37 ATR 52; 97 ATC 4762) (Deans Case). Dean's case also found that the payment need not be paid by your employer.

In your case you received payments for undertaking your work activity in a rural or remote area. The payment amounts were based on your remote locality and length of training. The payments are considered a bonus you derive as a result of your income earning activity as they are paid to encourage you to continue working in your remote locality.