Division 10—Particular kinds of assessable income

10-5 List of provisions about assessable income

The provisions set out in the table:

· include in your assessable income amounts that are not *ordinary income; and

· vary or replace the rules that would otherwise apply for certain kinds of *ordinary income.

Provisions of the Income Tax Assessment Act 1997 are identified in normal text. The other provisions, in bold, are provisions of the Income Tax Assessment Act 1936.

accrued leave transfer payments

 

..........

26(ec)

Allowances

 

See employment

 

annual leave

 

See leave payments

 

Annuities

 

..........

27H

approved deposit fund (ADFs)

 

See superannuation

 

attributable income

 

See controlled foreign corporations and foreign investment funds

 

 

avoidance of tax

 

General

177F

Diversion of income

121H

Profits shifted out of Australia

136AD, 136AE

See also transfers of income

 

bad debt

 

Debt recovered after a deduction allowed for a bad debt

63(3)

balancing adjustment

 

See depreciation, industrial property, investments, mining, research & development, scientific research and timber

 

Banking

 

Offshore banking activities, income from

121EG(1)

Offshore banking unit, deemed interest on payments to by owner


121EK

barter transactions

 

..........

21, 21A, 26(e)

Beneficiaries

 

See trusts

 

Benefits

 

Business, non-cash

21A

Consideration, non-cash

21

Meals you provide in an in-house dining facility

26AAAC

See also employment and superannuation

 

bonus shares

 

See shares

 

Bounties

 

..........

26(g)

capital gains

 

..........

160ZO

See also insurance

 

 

 

 

car expenses

 

Cents per kilometres reimbursement of

26(eaa)

CFCs

 

See controlled foreign corporations

 

Charters

 

See shipping

 

Child

 

non-trust income of, unearned

102AE

trust income of, unearned

102AG

company

 

see controlled foreign corporations, co-operative company, directors, dividends, liquidation, shareholders and shares

 

compensation

 

deductible loss or outgoing, insurance or indemnity for

26(j)

lessee pays for non-compliance with covenant to repair

26(l)

live stock or trees, recoveries for loss of

26B

profit or income, insurance or indemnity for loss of

26(j)

trading stock, insurance or indemnity for loss of

26(j)

see also embezzlement, insurance, live stock and scientific research

 

consideration

 

see benefits

 

controlled foreign corporations (CFCs)

 

attributable income of

456 to 459A

see also dividends and taxes

 

co-operative company

 

receipts of

119

credit union

 

see co-operative company

 

currency gains

 

see foreign exchange

 

death

 

see trusts

 

debt/equity swap

 

see shares and units

 

defence forces

 

allowances and benefits for service as a member of

26(ea)

depreciation

 

excess over depreciated value at disposal of property, treatment of


59

pooled depreciated property, profits on the disposal, loss or destruction of


62AAT

development allowance

 

partnership property acquired under a pre-27 February 1992 contract


82AHA(5), (6)

partnership which claimed a development allowance deduction, disposal of interest in


82AJ

directors

 

excessive remuneration or retirement payment from company


109

distributions

 

see dividends

 

dividends

 

general

44(1)

distribution from a controlled foreign corporation

47A(1)

foreign taxes on, grossing up of

6AC

franked dividends, credits on

160AQT

repayments of foreign income tax deducted from

26A

see also liquidation

 

drought investment allowance

 

partnership which claimed drought investment allowance deduction, disposal of interest in


656

elections

 

Reimbursement of expenses of

74(2), 74A(4)

electricity connections

 

Recovery of expense of

70A(5)

eligible termination payments (ETPs)

 

..........

27A to 27H

Embezzlement

 

Recovery of loss from

26(k)

Employees

 

See shares

 

Employment

 

Allowances and benefits in relation to employment or rendering services


26(e), 26(ea)

Return to work payments

26(eb)

See also accrued leave transfer payments, eligible termination payments and leave payments

 

FIFs

 

See foreign investment funds

 

Films

 

Australian, proceeds of investment in

26AG

foreign exchange

 

Gains

82Y

foreign investment funds (FIFs)

 

attributable income of

529

foreign tax paid in respect of a foreign investment fund attribution account payment


26D

see also taxes

 

franked dividends

 

see dividends

 

improvements

 

see leases

 

imputation

 

see dividends

 

income equalisation deposits

 

withdrawals from

159GD

industrial property

 

consideration for disposal of

124P

see also research & development

 

infrastructure borrowings

 

see interest

 

insurance

 

bonuses

26(i), 26AH

company, demutualisation of

121AT

foreign life assurance policy

529

life assurance, transfer of contributions by superannuation fund or approved deposit fund to


275

payments from a non-resident reinsurer in respect
of a loss


148

premiums in respect of Australian business received by non-resident insurers


143

premiums paid to a non-resident for reinsurance

148

premiums paid to mutual insurance association

121

premiums payable to a non-resident for insurance of property in Australia


142(1)

premiums payable to a non-resident for insuring an event that can only happen in Australia


142(1)

premiums payable to a non-resident under an insurance contract with a resident


142(2)

rebates and premiums refunded to a superannuation fund trustee


279A(1)

see also compensation, embezzlement and life assurance companies

 

interest

 

infrastructure borrowings, on

159GZZZZG

loans raised in Australia by foreign governments, on

27

overpaid tax, on

26(jb)

qualifying securities, on

159GQ, 159GW(1)

see also co-operative companies and leases

 

investments

 

non-interest bearing Commonwealth securities, gains on disposal or redemption of


26C

prizes from investment-related lotteries

26AJ

qualifying securities, payments to partial residents made under


159GW(2)

qualifying securities, amount assessable to issuer of

159GT(1B)

qualifying securities, balancing adjustment on the transfer of


159GS

securities, variation in terms of

159GV(2)

securities lending arrangements

26BC

traditional securities, gains on the disposal or redemption of


26BB

see also films and interest

 

leases

 

crown leases used for primary production, assignment
of


88A(3)

improvements made by lessee to land

87

interest component of payments under non-leveraged finance leases


159GK

lessees’ payments for non-compliance with covenant to repair


26(l)

partnership leasing property under non-leveraged finance lease, new partner or contribution of capital since 14 May 1985



159GO

premiums on old leases

84

premiums relating to a grant or assignment

26AB

profit on disposal of previously leased motor vehicles

26AAB

leave payments

 

accrued leave transfer payment

26(ec)

annual leave, received in lieu of retirement or
termination


26AC

Long service leave, received in lieu of retirement or termination


26AD

life assurance companies

 

Consideration for transfer of equity in protection fund
of


116DF

disposal of assets of

116CB(3), 116CC(2), 116CD, 116GA(2), 116GB

winding-up payments out of protection fund of

116DD

liquidation

 

distribution to a shareholder in winding up a company

47(1)

live stock

 

death or destruction of

36, 36AAA, 36AA

departing Australia and

36, 36AAA, 36AA

insolvency, and

36, 36AAA, 36AA

profits on death or disposal of

36, 36AAA, 36AA

see also compensation and trading stock

 

loans

 

fees for the procurement of

26(h)

see also interest and shareholders

 

long service leave

 

see leave payments

 

losses

 

see compensation

 

lotteries

 

see investments

 

meals

 

see benefits

 

mining

 

balancing adjustment on disposal of property

330-485

minors

 

see child

 

motor vehicles

 

see car expenses and leases

 

mutual insurance

 

see insurance

 

non-cash benefits

 

see benefits and employment

 

offshore banking units

 

see banking

 

partnerships

 

net income of, partner’s interest in

92(1)

uncontrolled partnership income, effect of

94

see also development allowance, drought investment allowance and leases

 

petroleum

 

resource rent tax, recovery of

330-350(3)

see also mining

 

pooled depreciated property

 

see depreciation

 

premiums

 

see insurance, leases and superannuation

 

prizes

 

see investments

 

profits

 

business partly in Australia and partly overseas

43(1)

profit-making undertakings or the sale of property acquired for profit-making by sale


25A

see also avoidance of tax

 

property

 

see profits and trusts

 

quarrying

 

see mining

 

rates

 

refund of

72(2)

reimbursements

 

see car expenses, dividends, elections, electricity connections, embezzlement, insurance, petroleum and taxes

 

reinsurance

 

see insurance

 

research & development

 

consideration for loss or disposal of plant or buildings used for


73B(23) to (27C), 73G(4)

return on

73B(27A), (27C)

transferee of property used for, effect of disposal or change of use by


73F(10)

residual value

 

see industrial property

 

retirement payments

 

see directors, leave payments and shareholders

 

rights to income

 

see transfers of income

 

roads

 

see timber

 

royalties

 

..........

26(f)

schemes

 

see avoidance of tax

 

scientific research

 

consideration for disposal or destruction of buildings acquired for scientific research


73A(4)

securities

 

see investments

 

services

 

see co-operative companies, employment, loans and trusts

 

shareholders

 

excessive remuneration or retirement payment from company


109

loans, payments and credits from company

108

see also dividends

 

shares

 

acquired in a debt/equity swap, profit on the disposal cancellation or redemption of


63E(4)

bonus shares, cost of

6BA

buy-backs

159GZZZJ to 159GZZZT

employee share acquisition schemes

26AAC, 139 to 139GH

holding company shares held by a subsidiary, cancellation of


159GZZZC to 159GZZZI

see also dividends

 

shipping

 

goods shipped in Australia, amounts paid to foreign shipowners and charterers for


129

subsidies

 

..........

26(g)

superannuation

 

benefits received from older superannuation funds

26AF, 26AFA, 26AFB

complying fund becomes non-complying, effect of

288A

contributions to a superannuation fund

278, 281, 286, 288

contributions to an approved deposit fund

289, 290, 294, 295

non-resident fund becoming resident, effect of

288B

payments and benefits from a fund

82AAQ

trustee’s liability to pay tax

278, 286, 289, 294, 296

see also insurance

 

tax avoidance

 

see avoidance of tax and transfers of income

 

taxes

 

refund of

72(2)

tax related expenses, recovery of

69(8)

see also dividends, foreign investment funds and interest

 

termination of employment

 

see directors, eligible termination payments, leave payments and shareholders

 

timber

 

access road, balancing adjustment on the disposal of

124G

mill, balancing adjustment on the disposal of

124JB

trading stock

 

change in interests in

36A

death of trader and

37

difference between opening and closing value of

28

disposal of for more than an arm’s length price

31C

disposal of outside ordinary course of business

36(1)

see also compensation

 

transfers of income

 

consideration for transfer of right to income

102CA

payments for transfer or disposal of property

262

transferee, effect on of transfer of right to income

102C

transferor, effect on of transfer of right to income

102B

travel expenses

 

see car expenses

 

trusts

 

beneficiary under legal disability or with a vested and indefeasible interest in trust income


100

deceased estates, income of

101A

deceased estates, your interest in income of

26(b)

discretionary trusts

101

net income of a trust estate, your present entitlement to

26(b), 97, 101

non-resident beneficiaries, liability to tax of

98A

non-resident trust estates to which you have transferred property or services, income of


102AAZD

property of applied for benefit of beneficiaries

99B

trust estate includes income from another trust estate

94(5)

trustees’ liability to tax

98, 99, 99A, 102, 102K, 102S

see also avoidance of tax and superannuation

 

unearned income

 

see child

 

units

 

acquired in a debt/equity swap, profit on the disposal, cancellation or redemption of


63E(4)

winding-up

 

see insurance and liquidation

 

wool clips

 

double wool clips, treatment of

26BA

 

 

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