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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: 1051812109317

Date of advice: 04 March 2021

Ruling

Subject: Assessable income - informal private arrangement

Question

Will the settlement amount be included in your assessable income?

Answer

No.

Having considered your circumstances and relevant factors, the settlement funds you will receive are not in respect of, or in relation to any income-producing activity and are conducted under an informal private arrangement. Therefore, the payments will not be assessable income under section 6-5 or 6-10 of the Income Tax Assessment Act 1997.

This ruling applies for the following periods:

Financial year ended 30 June 20XX

Financial Year ended 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are in receipt of payments under an informal private settlement arrangement.

The payment is to compensate you for a personal wrong which was committed against you.

Relevant legislative provisions

Income Tax Assessment Act 1936 subsection 6-1(1)

Income Tax Assessment Act 1936 section 6-5

Income Tax Assessment Act 1936 section 6-10