Division 11—Lists of classes of exempt income

Table of sections

11-1 Overview

11-5 Entities that are exempt, no matter what kind of ordinary or statutory income they have

11-10 Ordinary or statutory income which is exempt, no matter whose it is

11-15 Ordinary or statutory income which is exempt only if it is derived by certain entities

11-1 Overview

*Ordinary income or *statutory income which is exempt from income tax can be divided into 3 main classes:

(a) ordinary or statutory income of entities that are exempt, no matter what kind of ordinary or statutory income they have (see table in section 11-5);

(b) ordinary or statutory income which is exempt, no matter whose it is (see table in section 11-10);

(c) ordinary or statutory income which is exempt only if it is *derived by certain entities (see table in section 11-15).

11-5 Entities that are exempt, no matter what kind of ordinary or statutory income they have

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.

charity, education, religion or science

 

charitable fund, public

23(j)

charitable institution

23(e)

educational institution, public

23(e)

religious institution

23(e)

scientific institution

23(e)

scientific research fund

23(j)

scientific society etc.

23(g)(ii)

community service

 

community service society etc.

23(g)(v)

employees and employers

 

employee association

23(f)

employer association

23(f)

trade union

23(f)

film

 

Australian Film Finance Corporation

23(k)

finance

 

friendly society

23(g)(i)

government

 

local governing body

23(d)

municipal corporation

23(d)

public authority

23(d)

state/territory bodies

24AK to 24AZ

health

 

health benefits organisation

23(eb)

hospital

23(ea)

medical benefits organisation

23(eb)

mining

 

British Phosphate Commissioner Banaba
Contingency Fund


23(jf)

Phosphate Mining Company of Christmas Island

23(je)

primary or secondary resources and tourism

 

agricultural society etc.

23(h)

aviation society etc.

23(h)

horticultural society etc.

23(h)

industrial society etc.

23(h)

manufacturing society etc.

23(h)

pastoral society etc.

23(h)

tourism society etc.

23(h)

viticultural society etc.

23(h)

sports, culture or recreation

 

animal racing society etc.

23(g)(iv)

art society etc.

23(g)(ii)

game society etc.

23(g)(iii)

literature society etc.

23(g)(ii)

music society etc.

23(g)(ii)

sport society etc.

23(g)(iii)

superannuation and related business

 

constitutionally protected funds

271A

 

11-10 Ordinary or statutory income which is exempt, no matter whose it is

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.

dividends or shares

 

pooled development fund company dividend

124ZM

pooled development fund company shares, income from sale of


124ZN

financial transactions

 

infrastructure borrowings, income in relation to

159GZZZZE

pooled development fund company dividends

124ZM

pooled development fund company shares, income from sale of


124ZN

foreign aspects of income taxation

 

attributed foreign investment fund income

23AK

attributed income

23AI

Australian-American Education Foundation, grant from

23(za)

withholding tax, income subject to

128D

non-cash benefits

 

business benefit

23L(2)

fringe benefit

23L(1)

11-15 Ordinary or statutory income which is exempt only if it is derived by certain entities

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.

defence

 

Defence Force member, allowances

23(t)

Emergency Defence Force member, pay and allowances

23(sa)

Reserve Defence Force member, pay and allowances

23(s)

education

 

bursary, educational allowance etc.

23(z)

CRAFT scheme, employer’s income from

23(jc)

foreign student, scholarship and bursary to

23(ya)

full time student, income from a scholarship, bursary, other educational allowance or educational assistance


23(z)

isolated child, income for the provision of education of

23(zaa)

secondary student, income for the provision of education
of


23(zaa)

foreign aspects of income taxation

 

approved overseas project, income from

23AF

Australian Federal Police member in Cambodia, pay and allowance


23ADA

Commonwealth Government Officer, official salary and foreign income


23(a)(vi)

Commonwealth sporting club or association, income of

23(c)(ii)

consul and official staff member, official salary and foreign income


23(a)(ii)

Defence Force member, pay and allowances from being on eligible duty


23AD

 

Defence Force member, non-resident, pay
and allowances of


23(u)

Defence Force member, pay and allowances from performing duties in operational areas


23AC

defence of Australia, overseas person’s income from assisting in Australia’s defence


23(v)

diplomat and official staff member, official salary and foreign income


23(a)(ii)

dividend from a foreign country, non-portfolio

23AJ

educational, scientific, religious or philanthropic society, income of a visiting representive of


23(c)(iv)

expert, non-resident, remuneration of

23(b)

foreign branch profits by an Australian company

23AH

foreign society or association representative, income of

23(c)(iv)

government representative and members of the entourage, non-resident, income of


23(c)(iii)

persecution victim, pensions etc.

23(kc)

non-resident, foreign sourced income

23(r)

OBU off-shore investment trusts, income to which subsection 121D(6) applies


121EL

overseas employment income, resident, income of

23AG

Papua New Guinea pension, Papua New
Guinea resident


23(kd)

press representative, foreign, income of

23(c)(v)

resistance fighter and victim of wartime persecution, pension and etc. of


23(kca)

sporting club, British Commonwealth, income of

23(c)(ii)

sports person, non-resident, income of

23(c)(i)

superannuation fund, non-resident, interest and dividend income of


23(jb)

Territory resident, income from sources in a prescribed Territory


24G

Territory resident company or trust, income from sources outside Australia


24F

United Nations, income from service with

23AB

United States projects, income from approved overseas projects


23AA

health

 

Thalidomide Foundation, trustee, income of

23(ec)

life assurance

 

constitutionally protected fund, income attributable to

110CA

constitutionally protected fund, registered organisation, income attributable to


116FC

CS/RA, percentage of notional amount

110C

CS/RA class of assessable income, registered organisation

116FA

CS/RA class of assessable income

110B

current pension liabilities, registered organisation

116FB

foreign permanent establishment, income attributable to policy issued by


112C

life insurance company, grant from the Protection Fund .

116DG

policies, income in relation to

112A

pooled superannuation trust, disposal of units in

111B

pooled superannuation trust, registered organisation, disposal of units in


116GC

reinsurance recovery and refund of premium, registered organisation, income from


116GE

mining

 

Aboriginal and Torres Strait Islander, mining payment

23AE

distributing body, mining payment

23AE

rights to mine, sale of

330-60

social security or like payments

 

disability services payment

24AF

domiciliary nursing care benefit

24AG

drought relief, payment for

24AIA to 24AIB

persecution victim, pension etc. for

23(kc)

resistance fighter and victim of wartime persecution, pension and etc. for


23(kca)

social security, payment from

24AB to 24ABZD

student and youth, assistance payment to

24ABZE to 24ABZF

veteran, Australian and United Kingdom, payment to

24AH

veteran, payment to

24AC to 24ACWA, 24AE

wounds and disability pension

24AI

student

 

see education

 

superannuation or related business

 

Approved Deposit Fund, continuously complying fixed interest, income from 25 May 1988 deposits


290A

Approved Deposit Fund, income from a grant of financial assistance under Part 23 of the Superannuation Industry (Supervision) Act 1993



315C

Approved Deposit Fund, non-reversionary bonuses on policies of life assurance


291A

Approved Deposit Fund, pre-1 July 1988 income

291

pooled superannuation trust, income from constitutionally protected funds


297C

pooled superannuation trust, income from current pension liabilities of complying superannuation funds


297B

pooled superannuation trust, non-reversionary bonuses on policies of life assurance


297A

pooled superannuation trust, pre-1 July 1988 income

297

superannuation fund, income from current pension
liabilities


283

superannuation fund, income from segregated current pensions assets


282B

superannuation fund, non-reversionary bonuses on policies of life assurance


282A

superannuation fund, pre-1 July 1988 income

282

superannuation fund, regulated, income from a grant of financial assistance under Part 23 of the Superannuation Industry (Supervision) Act 1993



315C

United Nations

 

Australian Federal Police member in Cambodia, pay and allowance


23ADA

United Nations Service, income from

23AB

vice regal

 

Governor-General, official salary and foreign income

23(a)(i)

State Governor, official salary and foreign income

23(a)(i)

welfare

 

Handicapped Persons Assistance Act 1974, bonus from

23(kba)

maintenance payment

23(l)

rent subsidy

23(ke)

Note: The following provisions of the Income Tax Assessment Act 1936 give rise to notional exempt income and not exempt income. For this reason the provisions do not appear in the lists of kinds of exempt income.

The provisions are: paragraphs 384(1)(b) and 385(1)(b), subsection 402(2) and sections 403 and 404.

Income Tax Assessment Act | Apprentice Tax Practitioner Program