Phone: (03) 9563 4688

Email: office@aubreypaton.com.au

Address: 17D Chester Street, Oakleigh VIC 3166

Latest Accounting News
Hot Issues
Single Touch Payroll – 1 April 2018 Action
Property investors on notice after ATO spots false claims
ATO issues update on cryptocurrency compliance traps
Australia's vital statistics
Accountants spy elder abuse spike as mortgage stress sets in
Tax office releases fresh guidance on SMSFs
Labor's tax plans could favour the rich, analysis shows
FBT Reminder – Odometer Reading
Our website is really our digital office.
‘Substantiation will be a key focus’: ATO drums in tax time 2018 hit list
Super changes: $1.6 million transfer balance cap and death benefit pensions
Payroll, compliance issues top dodgy practices in Aussie business
Employee travel expense deductions
The Goldilocks effect - Economic and market update 4Q 17
Tax assessments confirmed for undisclosed business income
Super returns on the up despite clients’ hesitation
Australia. All you need to know to be the expert.
Business confidence hits 5-month high: NAB
Caution advised on best interests duty with cryptocurrencies
$20,000 asset write-off renewed for another financial year.
SMSF compliance traps with bitcoin
Where Australia is at. Our leading indicators.
Foreign resident CGT withholding: early recognition of tax credit
ATO set to doorknock as 60% of cash-heavy businesses caught
New downsizing cap available
Articles archive
Quarter 1 January - March 2018
Quarter 4 October - December 2017
Quarter 3 July - September 2017
Quarter 2 April - June 2017
Quarter 1 January - March 2017
Quarter 4 October - December 2016
Quarter 3 July - September 2016
Quarter 2 April - June 2016
Quarter 1 January - March 2016
Quarter 4 October - December 2015
Quarter 3 July - September 2015
Quarter 2 April - June 2015
Quarter 1 January - March 2015
Quarter 4 October - December 2014
Quarter 3 July - September 2014
Quarter 2 April - June 2014
Quarter 1 January - March 2014
Quarter 4 October - December 2013
Quarter 3 July - September 2013
Quarter 2 April - June 2013
Quarter 1 January - March 2013
Quarter 4 October - December 2012
Quarter 3 July - September 2012
Quarter 2 April - June 2012
Quarter 1 January - March 2012
Quarter 4 October - December 2011
Quarter 3 July - September 2011
Quarter 2 April - June 2011
Quarter 1 January - March 2011
Quarter 4 October - December 2010
Quarter 3 July - September 2010
Quarter 2 April - June 2010
Quarter 1 January - March 2010
Quarter 4 October - December 2009
Quarter 3 July - September 2009
Quarter 2 April - June 2009
Quarter 1 January - March 2009
Quarter 4 October - December 2008
Quarter 3 July - September 2008
Quarter 2 April - June 2008
Quarter 1 January - March 2008
Quarter 4 October - December 2007
Quarter 2 April - June 2007
Quarter 1 January - March 2007
Quarter 2 April - June 2006
Quarter 1 January - March 2006
Quarter 4 October - December 2005
Quarter 3 July - September 2005
Quarter 2 of 2008
Articles
Player Management Fee Deductions
Can a Charity Operate a Commercial Activity?
Australian Citizenship Test
Tax Exemption for Terminal Illness
Payroll Tax Reminder
Anti-Money Laundering Update
Donations to Political Parties - No More
Budget 2008 - 2009
Lump Sum Payment Assessable as Income
Penalties for Recklessness in Preparing Business Activity Statements (BAS)
Superannuation Contributions on a payment in lieu of notice
2007 Tax return Checklist - Companies, Partnerships, Trusts and Other Businesses
2007 Tax Return Checklist - Individuals
New Home Savings Funds
Pensions & Share Market
Poison Pen - Expensive
Lump Sum Payment Assessable as Income

 

In a recent decision, the AAT held that a lump sum compensation payment received by a taxpayer was income.


The taxpayer (prominent mother of a newspaper man) was a life tenant under four trusts. Under this arrangement, the taxpayer was entitled to the income of the trusts for her lifetime.  Her son (now a resident of New York) the remainderman, was entitled to the assets of the trust after her death.

The taxpayer entered into a deed of release whereby she gave up her rights under the trusts.  She received a lump sum payment as well as the income of the trusts.

The taxpayer argued that the payment was received due to a breach of the duties of the trustee.  She claimed that the trustee had been focused on the capital growth of the assets of the trust and did not balance this with her entitlement to income.  The taxpayer was not entitled to any capital growth of the trust.

The Commissioner assessed the lump sum payment ($80m) as a receipt of income, and the AAT upheld this assessment.

The AAT considered the rules regarding lump sum receipts where the nature of the receipt is determined by looking at it in the hands of the recipient taxpayer.  As the taxpayer in this case was only entitled to income of the trust, any amount of compensation that she received for the loss of that income must also be income. 

Tip: The release could have been structured differently to avoid this result

 

 

 

 

 



9th-May-2008