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This edited version has been archived due to the length of time since original publication.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: 1051452459287

Date of advice: 27 November 2018

Ruling

Subject: Assessability of payments received in connection with a trauma recovery benefit policy.

Question

Is a lump sum payment designated a Trauma Benefit as part of an employer’s salary continuance insurance policy assessable income?

Answer

No

We agree your assessment of the payments you received as a Trauma Recovery Benefit and confirm that the payment of benefits you received under the trauma feature of your Group Salary Continuance Plan are not ordinary income and are not statutory income.

This ruling applies for the following period:

Year ended June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You suffered a medical emergency.

You made a Group Salary Continuance claim with the relevant insurance company.

You were subsequently notified by letter that the claim was approved.

The benefit payments totalled a specified amount. You have provided details of this.

The benefit payments have been included in the total of your Pay As You Go (PAYG) statement supplied by your employer.

Your employer has advised you they have received advice previously that the payments for salary continuance should be included in the PAYG statement.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-5

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

Income Tax Assessment Act 1997 Section 6-10