Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 768.105

  (1)   A payment to you is exempt from income tax if:

  (a)   you are an Australian resident at the time when it would otherwise be included in your assessable income; and

  (b)   the payment is from a source in a foreign country; and

  (c)   the payment is in connection with:

  (i)   any wrong or injury; or

  (ii)   any loss of, or damage to, property; or

  (iii)   any other detriment;

    suffered by you or another individual as a result of:

  (iv)   persecution by the National Socialist regime of Germany during the National Socialist period; or

  (v)   persecution during the Second World War by any other enemy of the Commonwealth or by a regime covered by subsection   (3); or

  (vi)   flight from persecution mentioned in subparagraph   (iv) or (v); or

  (vii)   participation in a resistance movement during the Second World War against forces of the National Socialist regime of Germany or against forces of any other enemy of the Commonwealth; and

  (d)   the payment is not directly or indirectly from any of your * associates.

Note:   An example of a detriment covered by subparagraph   (c)(iii) is if you lost the opportunity to qualify for a pension because your period of contribution was cut short because you had to flee persecution by the National Socialist regime.

Duration of Second World War

  (2)   Subsection   (1) applies to:

  (a)   the period immediately before the Second World War; and

  (b)   the period immediately after the Second World War;

in the same way as it applies to the period of the Second World War.

Regimes associated with an enemy of the Commonwealth

  (3)   This subsection covers a regime that was:

  (a)   in alliance with; or

  (b)   occupied by; or

  (c)   effectively controlled by; or

  (d)   under duress from; or

  (e)   surrounded by;

either or both of the following:

  (f)   the National Socialist regime of Germany;

  (g)   any other enemy of the Commonwealth.

Legal personal representative

  (4)   Subsection   (1) applies to a payment to:

  (a)   your * legal personal representative; or

  (b)   a trust established by your will;

in a corresponding way to the way in which it would have applied if:

  (c)   the payment had been to you; and

  (d)   if the payment is made after your death--you were still alive.