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This edited version has been archived due to the length of time since original publication.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: 1012880657692

Date of advice: 17 September 2015

Ruling

Subject: Assessable Income

Question

Is interest derived and reportable at the time your term deposit matures?

Answer

Yes.

This ruling applies for the following periods:

Year ended 30 June 2013

Year ended 30 June 2014

Year ended 30 June 2015

Year ended 30 June 2016

The scheme commences on:

1 July 2012

Relevant facts and circumstances

You invested in a term deposit payable on maturity in 20XX.

The account is under your name solely.

You receive yearly statements which show $0 interest paid to you.

Your bank has told you that you have not been paid any interest in the year and will not until the investment matures.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-5,

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

Income Tax Assessment Act 1997 Subsection 6-5(2) and

Income Tax Assessment Act 1997 Subsection 6-5(4).

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 also known as ordinary income. Interest received on a term deposit is income according to ordinary concepts.

Interest is assessable income under section 6-5 of the ITAA 1997 in the year in which it is received ((1958) 9 TBRD Case J20; 7 CTBR (NS) Case 130; and (1958) 9 TBRD Case J60; 8 CTBR (NS) Case 50).

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.

Subsection 6-5(4) of the ITAA 1997 states that a taxpayer derives an amount of ordinary income when the amount is:

    • received by the taxpayer; or

    • dealt with on the taxpayer's behalf or as the taxpayer directs.

Application to your circumstances

You will be credited with interest on the maturity of the term deposit; you have not been accruing interest yearly. Accordingly, the interest is derived in the year of income that it is credited to the principal sum of the investment.

Your interest will be reportable as assessable income in the year received.