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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051496940489

Date of advice: 25 March 2019

Ruling

Subject: Honorariums

Question

Are the payments amounting to $XXX received non-assessable income?

Answer

Yes. Having considered your circumstances and the relevant factors, the Commissioner accepts that the payments are honorary. The payments have some characteristics of assessable income, i.e. they are expected and relied upon. However, they have no connection with your income producing activities, they are not legally required and they are a token amount compared to the services you have provided. On balance, the payments are considered to be honorary payments and are therefore non-assessable for taxation purposes.

Further information on Honorariums is available by searching 'QC 46354' on ato.gov.au

This ruling applies for the following period

Year ended 30 June 2019

The scheme commences on:

1 July 2018

Relevant facts and circumstances

You are employed as a researcher and assistant.

You also work as a teacher/lecturer.

You were elected to a society as a membership secretary during the relevant income year.

This task involves basic secretarial work, communicating with members and issuing receipts for payments.

You work approximately once per week in irregular patterns.

During the financial year, you received two payments.

One payment was expected and was for secretarial work.

One payment was for administrative assistant work for the treasurer.

You pay an amount be a member of the society.

You do not represent your employer.

Relevant legislative provisions

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