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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051567999149

Date of advice: 20 August 2019

Ruling

Subject: Compensation payment

Question

Is the compensation payment you received exempt?

Answer

Yes Under section 118-37 of the Income Tax Assessment Act 1997, a capital gain or loss you make from a CGT event relating directly to any wrong, injury or illness you suffer personally is disregarded.

For more information see Taxation Ruling 95/35 income tax: capital gains: treatment of compensation receipts.

This ruling applies for the following Period:

Year ended 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

The relevant documents form part of this ruling are:

·         the application for private ruling, and

·         the Deed of Settlement and Release.

You raised a complaint to a Bank regarding a breach of privacy.

The Bank offered you financial compensation of $XX,XXX.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 118-37