The provisions set out in the table:
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 |
|
.................................... | 15 - 5 |
alienated personal services income |
|
.................................... | 86 - 15 |
allowances |
|
see employment |
|
annual leave |
|
see leave payments |
|
annuities |
|
.................................... | 27H |
approved deposit fund (ADFs) |
|
see superannuation |
|
attributable income |
|
see controlled foreign corporations |
|
avoidance of tax |
|
general ................................. | 177F |
diversion of income ......................... | 121H |
see also transfers of income |
|
bad debts |
|
see recoupment |
|
balancing adjustment |
|
see capital allowances , investments , R&D , scientific research and tax exempt entities |
|
banking |
|
offshore banking unit, deemed interest on payments to by owner |
|
barter transactions |
|
.......... .................................. | 21, 21A, 15 - 2 |
beneficiaries |
|
see trusts |
|
benefits |
|
business, non - cash ................... | 21A |
consideration, non - cash ................ | 21 |
meals you provide in an in - house dining facility | 32 - 70 |
see also employment and superannuation |
|
bonus shares |
|
see shares |
|
bounties |
|
.......... .................................. | 15 - 10 |
capital allowances |
|
excess of termination value over adjustable value |
|
generally ......................... | 40 - 285 |
for some cars ...................... | 40 - 370 |
depreciating asset in low - value pool ........ | 40 - 445(2) |
expenditure in software development pool .......... | 40 - 460 |
recovery of petroleum resource rent tax ............ | 40 - 750(3) |
capital gains |
|
.................................... | 102 - 5 |
see also insurance |
|
car expenses |
|
cents per kilometres reimbursement of ............ | 15 - 70 |
carried interests |
|
carried interests, not ordinary income ............. | 118 - 21 |
CFCs |
|
see controlled foreign corporations |
|
charters |
|
see shipping |
|
child |
|
non - trust income of, unearned ............ | 102AE |
trust income of, unearned ..................... | 102AG |
collecting societies |
|
payments of royalties by copyright collecting societies .. | 15 - 22 |
payments of royalties by resale royalty collecting society |
|
company |
|
see controlled foreign corporations , co - operative company , directors , dividends , liquidation , shareholders and shares |
|
compensation |
|
live stock or trees, recoveries for loss of ........... | 385 - 130 |
profits or income, insurance or indemnity for loss of .... | 15 - 30 |
received by lessor for lessee's non - compliance with lease obligation to repair |
|
trading stock, insurance or indemnity for loss of ...... | 70 - 115 |
see also insurance , live stock , recoupment and scientific research |
|
consideration |
|
see benefits |
|
consolidated groups and MEC groups |
|
Assets in relation to Division 230 financial arrangement . |
|
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 |
|
currency losses |
|
see recoupment |
|
death |
|
see trusts |
|
debt/equity swap |
|
see shares and units |
|
defence forces |
|
allowances and benefits for service as a member of .... | 15 - 2 |
depreciation |
|
see capital allowances |
|
directors |
|
excessive remuneration or retirement payment from company |
|
distributions |
|
see dividends |
|
dividends |
|
benefit of LIC capital gain through a trust or partnership . | 115 - 280 |
general ................................. | 44(1) |
distribution from a controlled foreign corporation ..... | 47A(1) |
franked dividends, credits on ................... | 207 - 20(1), 207 - 35(1), 207 - 35(3) |
see also liquidation |
|
elections |
|
local government, reimbursement of expenses of ...... | 25 - 65 |
see also recoupment |
|
electricity connections |
|
see recoupment |
|
employees |
|
see shares |
|
employment |
|
allowances and benefits in relation to employment or rendering services |
|
employment termination payment ............... | 82 - 10 |
other payments for employment termination ......... | 83 - 295 |
15 - 3 | |
see accrued leave transfer payments, leave payments , superannuation and sections 82 - 10A and 82 - 10C of the Income Tax (Transitional Provisions) Act 1997 |
|
environment |
|
see recoupment |
|
farm management deposits |
|
repayments of ............................ | 393 - 10 |
films |
|
Australian, proceeds of investment in ............. | 26AG |
financial arrangements |
|
gains from ............................... | 230 - 15(1) |
foreign exchange |
|
gains .................................. | 775 - 15 |
see also recoupment |
|
foreign income tax deduction for franked distributions |
|
Additional Tier 1 capital exception ............... | 15 - 80 |
forestry agreement |
|
amount where section 82KZMG of the 1936 Act applies . | 15 - 45 |
CGT event in relation to forestry interest in agreement .. | 82KZMGB |
forestry managed investment schemes |
|
forestry manager's receipts under scheme ........... | 15 - 46 |
CGT event in relation to forestry interest in scheme for initial participant |
|
CGT event in relation to forestry interest in scheme for subsequent participant |
|
franked dividends |
|
see dividends |
|
funeral policy |
|
benefit under .............................. | 15 - 55 |
general insurance companies and companies that self insure |
|
gross premiums ............................ reduction in value of adjusted liability for incurred claims | 321 - 45
|
reduction in value of adjusted liability for remaining coverage |
|
reduction in value of outstanding claims liability ...... | 321 - 80 |
geothermal energy |
|
providing geothermal exploration information ....... | 15 - 40 |
grapevines |
|
see recoupment |
|
horticultural plants |
|
see recoupment |
|
improvements |
|
see leases |
|
imputation |
|
see dividends |
|
indemnity |
|
see compensation and recoupment |
|
insurance |
|
bonuses ................................. | 26AH , 15 - 75 |
company, demutualisation of ................... | 121AT |
life insurance, transfer of contributions by superannuation fund or approved deposit fund to |
|
payments from a non - resident reinsurer in respect |
|
premiums in respect of Australian business received by non - resident insurers |
|
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 |
|
premiums payable to a non - resident for insuring an event that can only happen in Australia |
|
premiums payable to a non - resident under an insurance contract with a resident |
|
rebates and premiums refunded to a superannuation fund trustee |
|
see also compensation , life insurance companies and recoupment |
|
interest |
|
overpaid tax, on ........................... | 15 - 35 |
qualifying securities, on ...................... | 159GQ, 159GW(1) |
see also co - operative companies and leases |
|
investments |
|
prizes from investment - related lotteries ...... | 26AJ |
qualifying securities, payments to partial residents made under |
|
qualifying securities, amount assessable to issuer of .... | 159GT(1B) |
qualifying securities, balancing adjustment on the transfer of |
|
securities, variation in terms of ................. | 159GV(2) |
securities lending arrangements ................. | 26BC |
traditional securities, gains on the disposal or redemption of |
|
see also films and interest |
|
| |
see recoupment |
|
leased plant .................................. | Division 45 |
leases |
|
amounts received by lessor from lessee for non - compliance with lease obligation to repair |
|
interest component of payments under non - leveraged finance leases |
|
partnership leasing property under non - leveraged finance lease, new partner or contribution of capital since 14 May 1985 |
|
premiums relating to assignment of a lease granted before 20 September 1985 |
|
profit on disposal of previously leased motor vehicles .. | Subdivision 20 - B |
leases of luxury cars |
|
accrual amounts ........................... | 242 - 35 |
adjustment amounts (lessee) | 242 - 70 |
adjustment amounts (lessor) | 242 - 65 |
leave payments |
|
accrued leave transfer payment ................. | 15 - 5 |
unused annual leave payment .......... .............. | 83 - 10 |
unused long service leave payment ............... | 83 - 80 |
see employment |
|
life insurance companies | Subdivision 320 - B |
| |
excessive deduction amount (debtor) | 243 - 40 |
excessive deduction amount (partner) | 243 - 65 |
liquidation |
|
distribution to a shareholder in winding up a company .. | 47(1) |
| |
death or destruction of ....................... | Subdivision 385 - E |
departing Australia and ...................... | 385 - 160, 385 - 163 |
insolvency, and ........................... | 385 - 160, 385 - 163 |
profits on death or disposal of .................. | Subdivision 385 - E, 385 - 160 |
see also compensation and trading stock |
|
long service leave |
|
see leave payments |
|
losses |
|
see compensation |
|
lotteries |
|
see investments |
|
| |
gains etc. from carried interests ................. | 275 - 200(2) |
meals |
|
see benefits |
|
Mining |
|
providing mining, quarrying or prospecting information . |
|
minors |
|
see child |
|
| |
see car expenses and leases |
|
mutual insurance |
|
see insurance |
|
non - cash benefits |
|
see benefits and employment |
|
notional sales and loans |
|
adjustment amounts (lessee) | 240 - 110(2) |
adjustment amounts (lessor) | 240 - 105(2) |
notional interest ............................ | 240 - 35(1) |
profit on actual sale ......................... | 240 - 35(3) |
profit on notional sale ........................ | 240 - 35(2) |
| |
see banking |
|
| |
net income of, partner's interest in ............... | 92(1) |
uncontrolled partnership income, effect of .......... | 94 |
see also leases |
|
| |
resource rent tax, recovery of .................. | 20 - 30(1) |
see also capital allowances |
|
premiums |
|
see insurance , leases and superannuation |
|
primary production |
|
see recoupment |
|
prizes |
|
see investments |
|
| |
cross - border transfer pricing ............. | 815 - 30 |
profit - making undertaking or plan .......... | 15 - 15 |
sale of property acquired before 20 September 1985 for profit - making by sale |
|
see also avoidance of tax |
|
Project pools |
|
An amount received for the abandonment, sale or other disposal of a project |
|
property |
|
see profits and trusts |
|
quarrying |
|
see mining and recoupment |
|
R&D |
|
balancing adjustment ........................ | 40 - 292, 40 - 293, 355 - 315 and 355 - 525 |
disposal of R&D results ...................... | 355 - 410 |
recoupments and feedstock adjustments ........... | 355 - 450 |
rates |
|
see recoupment |
|
| |
insurance or indemnity for deductible losses or |
|
other recoupment for certain deductible losses or outgoings |
|
see also car expenses , compensation , elections and petroleum |
|
| |
disposal of ............................... | 420 - 25 |
disposal for a non - commercial purpose.......... .. | 420 - 40 |
difference between opening and closing value of ...... | 420 - 45 |
reimbursements |
|
see car expenses , dividends , elections , petroleum and recoupment |
|
reinsurance |
|
see insurance |
|
retirement payments |
|
see directors , leave payments and shareholders |
|
rights to income |
|
see transfers of income |
|
roads |
|
see timber |
|
royalties |
|
.......... .................................. | 15 - 20 |
| |
see avoidance of tax |
|
| |
benefit under .............................. | 15 - 60 |
scientific research |
|
consideration for disposal or destruction of buildings acquired for scientific research |
|
securities |
|
see investments |
|
services |
|
see co - operative companies , employment , loans and trusts |
|
| |
excessive remuneration or retirement payment from company |
|
loans, payments and credits from company ......... | Division 7A of Part III |
see also dividends |
|
| |
acquired in a debt/equity swap, profit on the disposal cancellation or redemption of |
|
bonus shares, cost of ........................ | 6BA |
buy - backs ......................... | 159GZZZJ to 159GZZZT |
Subdivisions | |
holding company shares held by a subsidiary, cancellation of |
|
see also dividends |
|
shipping |
|
goods shipped in Australia, amounts paid to foreign shipowners and charterers for |
|
subsidies |
|
.......... .................................. | 15 - 10 |
superannuation |
|
associated earnings on non - concessional contributions | Subdivision 292 - B |
benefits generally .......................... | Divisions 301 to 306 |
benefits in breach of legislative requirements ........ | Division 304 |
benefits received from older superannuation funds .... | 26AF, 26AFA |
complying fund becomes non - complying, effect of | 295 - 320 (table item 2) |
contributions to an approved deposit fund .......... | Subdivisions 295 - C and 295 - D |
contributions to an RSA ...................... | Subdivision 295 - C |
contributions to a superannuation fund ............ | Subdivisions |
death benefits ............................. | 302 - 75 |
excess concessional contributions ................ | 291 - 15(a) |
first home super saver scheme .................. | 313 - 20 |
foreign superannuation funds and schemes, benefits from |
|
member benefits ........................... | 301 - 20 |
foreign fund becoming Australian, effect of ......... | 295 - 320 (table item 3) |
no - TFN contributions income ............ | 295 - 605 |
release authorities, payments from ............... | 304 - 20 |
returned contributions ....................... | 290 - 100 |
295 - 5(2) and (3) | |
see insurance |
|
tax avoidance |
|
see avoidance of tax and transfers of income |
|
tax exempt entities |
|
treatment of income and gains on becoming taxable .... | Schedule 2D |
taxes |
|
see dividends , foreign investment funds , interest and recoupment |
|
termination of employment |
|
see directors , eligible termination payments , leave payments and shareholders |
|
theft |
|
see recoupment |
|
| |
change in interests in ........................ | 70 - 100 |
death of trader and ......................... | 70 - 105 |
difference between opening and closing value of ...... | 70 - 35 |
disposal not at arm's length .................... | 70 - 20 |
disposal of outside ordinary course of business ....... | 70 - 90, 70 - 95 |
see also compensation and tax exempt entities |
|
transfer pricing |
|
arm's length principle for cross - border conditions between entities |
|
arm's length principle for permanent establishments .... | Subdivision 815 - C |
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 |
| |
see car expenses |
|
trusts |
|
beneficiary under legal disability or with a vested and indefeasible interest in trust income |
|
deceased estates, income of .................... | 101A |
discretionary trusts ......................... | 101 |
net income of a trust estate, your present entitlement to | 97, 101 |
non - resident beneficiaries, liability to tax of ... | 98A |
non - resident trust estates to which you have transferred property or services, income of |
|
property of applied for benefit of beneficiaries ....... | 99B |
trust estate includes income from another trust estate | 94(5) |
98, 99, 99A, 102, 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 |
|
water conservation |
|
see recoupment |
|
winding - up |
|
see insurance and liquidation |
|
wool clips |
|
double wool clips, treatment of ................. | 385 - 135, 385 - 155 |
work in progress |
|
receipt of a work in progress amount ............. | 15 - 50 |
Table of Subdivisions
11 - A Lists of classes of exempt income
11 - B Particular kinds of non - assessable non - exempt income
Table of sections
11 - 1A Effect of this Subdivision
11 - 1 Overview
11 - 5 Entities that are exempt, no matter what kind of ordinary or statutory income they have
11 - 15 Ordinary or statutory income which is exempt