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.
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accrued leave transfer payments |
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.......... |
26(ec) |
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Allowances |
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See employment |
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annual leave |
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See leave payments |
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Annuities |
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.......... |
27H |
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approved deposit fund (ADFs) |
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See superannuation |
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attributable income |
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See controlled foreign corporations and foreign investment funds
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avoidance of tax |
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General |
177F |
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Diversion of income |
121H |
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Profits shifted out of Australia |
136AD, 136AE |
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See also transfers of income |
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bad debt |
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Debt recovered after a deduction allowed for a bad debt |
63(3) |
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balancing adjustment |
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See depreciation, industrial property, investments, mining, research & development, scientific research and timber |
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Banking |
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Offshore banking activities, income from |
121EG(1) |
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Offshore banking unit, deemed interest on payments to by owner |
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barter transactions |
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.......... |
21, 21A, 26(e) |
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Beneficiaries |
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See trusts |
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Benefits |
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Business, non-cash |
21A |
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Consideration, non-cash |
21 |
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Meals you provide in an in-house dining facility |
26AAAC |
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See also employment and superannuation |
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bonus shares |
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See shares |
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Bounties |
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.......... |
26(g) |
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capital gains |
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.......... |
160ZO |
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See also insurance |
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car expenses |
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Cents per kilometres reimbursement of |
26(eaa) |
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CFCs |
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See controlled foreign corporations |
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Charters |
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See shipping |
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Child |
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non-trust income of, unearned |
102AE |
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trust income of, unearned |
102AG |
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company |
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see controlled foreign corporations, co-operative company, directors, dividends, liquidation, shareholders and shares |
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compensation |
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deductible loss or outgoing, insurance or indemnity for |
26(j) |
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lessee pays for non-compliance with covenant to repair |
26(l) |
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live stock or trees, recoveries for loss of |
26B |
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profit or income, insurance or indemnity for loss of |
26(j) |
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trading stock, insurance or indemnity for loss of |
26(j) |
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see also embezzlement, insurance, live stock and scientific research |
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consideration |
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see benefits |
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controlled foreign corporations (CFCs) |
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attributable income of |
456 to 459A |
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see also dividends and taxes |
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co-operative company |
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receipts of |
119 |
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credit union |
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see co-operative company |
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currency gains |
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see foreign exchange |
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death |
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see trusts |
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debt/equity swap |
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see shares and units |
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defence forces |
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allowances and benefits for service as a member of |
26(ea) |
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depreciation |
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excess over depreciated value at disposal of property, treatment of |
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pooled depreciated property, profits on the disposal, loss or destruction of |
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development allowance |
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partnership property acquired under a pre-27 February 1992 contract |
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partnership which claimed a development allowance deduction, disposal of interest in |
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directors |
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excessive remuneration or retirement payment from company |
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distributions |
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see dividends |
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dividends |
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general |
44(1) |
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distribution from a controlled foreign corporation |
47A(1) |
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foreign taxes on, grossing up of |
6AC |
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franked dividends, credits on |
160AQT |
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repayments of foreign income tax deducted from |
26A |
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see also liquidation |
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drought investment allowance |
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partnership which claimed drought investment allowance deduction, disposal of interest in |
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elections |
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Reimbursement of expenses of |
74(2), 74A(4) |
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electricity connections |
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Recovery of expense of |
70A(5) |
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eligible termination payments (ETPs) |
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.......... |
27A to 27H |
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Embezzlement |
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Recovery of loss from |
26(k) |
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Employees |
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See shares |
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Employment |
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Allowances and benefits in relation to employment or rendering services |
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Return to work payments |
26(eb) |
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See also accrued leave transfer payments, eligible termination payments and leave payments |
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FIFs |
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See foreign investment funds |
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Films |
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Australian, proceeds of investment in |
26AG |
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foreign exchange |
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Gains |
82Y |
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foreign investment funds (FIFs) |
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attributable income of |
529 |
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foreign tax paid in respect of a foreign investment fund attribution account payment |
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see also taxes |
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franked dividends |
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see dividends |
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improvements |
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see leases |
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imputation |
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see dividends |
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income equalisation deposits |
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withdrawals from |
159GD |
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industrial property |
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consideration for disposal of |
124P |
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see also research & development |
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infrastructure borrowings |
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see interest |
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insurance |
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bonuses |
26(i), 26AH |
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company, demutualisation of |
121AT |
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foreign life assurance policy |
529 |
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life assurance, transfer of contributions by superannuation fund or approved deposit fund to |
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payments from a non-resident reinsurer in respect |
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premiums in respect of Australian business received by non-resident insurers |
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premiums paid to a non-resident for reinsurance |
148 |
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premiums paid to mutual insurance association |
121 |
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premiums payable to a non-resident for insurance of property in Australia |
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premiums payable to a non-resident for insuring an event that can only happen in Australia |
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premiums payable to a non-resident under an insurance contract with a resident |
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rebates and premiums refunded to a superannuation fund trustee |
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see also compensation, embezzlement and life assurance companies |
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interest |
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infrastructure borrowings, on |
159GZZZZG |
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loans raised in Australia by foreign governments, on |
27 |
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overpaid tax, on |
26(jb) |
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qualifying securities, on |
159GQ, 159GW(1) |
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see also co-operative companies and leases |
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investments |
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non-interest bearing Commonwealth securities, gains on disposal or redemption of |
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prizes from investment-related lotteries |
26AJ |
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qualifying securities, payments to partial residents made under |
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qualifying securities, amount assessable to issuer of |
159GT(1B) |
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qualifying securities, balancing adjustment on the transfer of |
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securities, variation in terms of |
159GV(2) |
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securities lending arrangements |
26BC |
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traditional securities, gains on the disposal or redemption of |
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see also films and interest |
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leases |
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crown leases used for primary production, assignment |
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improvements made by lessee to land |
87 |
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interest component of payments under non-leveraged finance leases |
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lessees’ payments for non-compliance with covenant to repair |
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partnership leasing property under non-leveraged finance lease, new partner or contribution of capital since 14 May 1985 |
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premiums on old leases |
84 |
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premiums relating to a grant or assignment |
26AB |
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profit on disposal of previously leased motor vehicles |
26AAB |
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leave payments |
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accrued leave transfer payment |
26(ec) |
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annual leave, received in lieu of retirement or |
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Long service leave, received in lieu of retirement or termination |
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life assurance companies |
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Consideration for transfer of equity in protection fund |
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disposal of assets of |
116CB(3), 116CC(2), 116CD, 116GA(2), 116GB |
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winding-up payments out of protection fund of |
116DD |
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liquidation |
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distribution to a shareholder in winding up a company |
47(1) |
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live stock |
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death or destruction of |
36, 36AAA, 36AA |
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departing Australia and |
36, 36AAA, 36AA |
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insolvency, and |
36, 36AAA, 36AA |
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profits on death or disposal of |
36, 36AAA, 36AA |
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see also compensation and trading stock |
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loans |
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fees for the procurement of |
26(h) |
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see also interest and shareholders |
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long service leave |
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see leave payments |
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losses |
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see compensation |
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lotteries |
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see investments |
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meals |
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see benefits |
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mining |
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balancing adjustment on disposal of property |
330-485 |
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minors |
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see child |
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motor vehicles |
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see car expenses and leases |
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mutual insurance |
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see insurance |
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non-cash benefits |
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see benefits and employment |
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offshore banking units |
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see banking |
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partnerships |
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net income of, partner’s interest in |
92(1) |
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uncontrolled partnership income, effect of |
94 |
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see also development allowance, drought investment allowance and leases |
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petroleum |
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resource rent tax, recovery of |
330-350(3) |
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see also mining |
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pooled depreciated property |
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see depreciation |
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premiums |
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see insurance, leases and superannuation |
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prizes |
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see investments |
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profits |
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business partly in Australia and partly overseas |
43(1) |
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profit-making undertakings or the sale of property acquired for profit-making by sale |
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see also avoidance of tax |
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property |
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see profits and trusts |
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quarrying |
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see mining |
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rates |
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refund of |
72(2) |
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reimbursements |
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see car expenses, dividends, elections, electricity connections, embezzlement, insurance, petroleum and taxes |
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reinsurance |
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see insurance |
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research & development |
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consideration for loss or disposal of plant or buildings used for |
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return on |
73B(27A), (27C) |
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transferee of property used for, effect of disposal or change of use by |
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residual value |
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see industrial property |
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retirement payments |
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see directors, leave payments and shareholders |
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rights to income |
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see transfers of income |
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roads |
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see timber |
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royalties |
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.......... |
26(f) |
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schemes |
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see avoidance of tax |
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scientific research |
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consideration for disposal or destruction of buildings acquired for scientific research |
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securities |
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see investments |
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services |
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see co-operative companies, employment, loans and trusts |
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shareholders |
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excessive remuneration or retirement payment from company |
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loans, payments and credits from company |
108 |
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see also dividends |
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shares |
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acquired in a debt/equity swap, profit on the disposal cancellation or redemption of |
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bonus shares, cost of |
6BA |
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buy-backs |
159GZZZJ to 159GZZZT |
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employee share acquisition schemes |
26AAC, 139 to 139GH |
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holding company shares held by a subsidiary, cancellation of |
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see also dividends |
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shipping |
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goods shipped in Australia, amounts paid to foreign shipowners and charterers for |
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subsidies |
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.......... |
26(g) |
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superannuation |
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benefits received from older superannuation funds |
26AF, 26AFA, 26AFB |
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complying fund becomes non-complying, effect of |
288A |
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contributions to a superannuation fund |
278, 281, 286, 288 |
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contributions to an approved deposit fund |
289, 290, 294, 295 |
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non-resident fund becoming resident, effect of |
288B |
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payments and benefits from a fund |
82AAQ |
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trustee’s liability to pay tax |
278, 286, 289, 294, 296 |
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see also insurance |
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tax avoidance |
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see avoidance of tax and transfers of income |
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taxes |
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refund of |
72(2) |
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tax related expenses, recovery of |
69(8) |
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see also dividends, foreign investment funds and interest |
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termination of employment |
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see directors, eligible termination payments, leave payments and shareholders |
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timber |
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access road, balancing adjustment on the disposal of |
124G |
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mill, balancing adjustment on the disposal of |
124JB |
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trading stock |
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change in interests in |
36A |
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death of trader and |
37 |
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difference between opening and closing value of |
28 |
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disposal of for more than an arm’s length price |
31C |
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disposal of outside ordinary course of business |
36(1) |
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see also compensation |
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transfers of income |
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consideration for transfer of right to income |
102CA |
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payments for transfer or disposal of property |
262 |
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transferee, effect on of transfer of right to income |
102C |
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transferor, effect on of transfer of right to income |
102B |
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travel expenses |
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see car expenses |
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trusts |
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beneficiary under legal disability or with a vested and indefeasible interest in trust income |
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deceased estates, income of |
101A |
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deceased estates, your interest in income of |
26(b) |
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discretionary trusts |
101 |
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net income of a trust estate, your present entitlement to |
26(b), 97, 101 |
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non-resident beneficiaries, liability to tax of |
98A |
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non-resident trust estates to which you have transferred property or services, income of |
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property of applied for benefit of beneficiaries |
99B |
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trust estate includes income from another trust estate |
94(5) |
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trustees’ liability to tax |
98, 99, 99A, 102, 102K, 102S |
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see also avoidance of tax and superannuation |
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unearned income |
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see child |
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units |
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acquired in a debt/equity swap, profit on the disposal, cancellation or redemption of |
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winding-up |
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see insurance and liquidation |
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wool clips |
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double wool clips, treatment of |
26BA |
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Income Tax Assessment Act | Apprentice Tax Practitioner Program