Private ruling: Compensation payment - personal injury
Published: May 2012
Ruling period: Year ending 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Q1: Is the compensation payment you will receive for future medical expenses assessable income? Answer No

Relevant facts and circumstances: You suffered a work place injury Your medical expenses have been paid under your employer's work cover. You have been assessed as having a permanent impairment. You have been offered a settlement for ongoing medical expenses. You will waive your rights to any ongoing medical expenses in the future.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 6-5 | Income Tax Assessment Act 1997 Section 6-10 | Income Tax Assessment Act 1997 Section 102-5 | Income Tax Assessment Act 1997 Paragraph 118-37(1)(b)

Reasons for decision: Summary: Subsection 6-5(2) of the Income Tax Assessment Act 1997 (ITAA 1997) provides that the assessable income of an Australian resident taxpayer includes ordinary income derived directly or indirectly from all sources during the income year. Ordinary income has been held to include income from providing personal services, income from property and income from carrying on a business. Other characteristics of income that have evolved from case law include receipts that: · are earned · are expected or relied upon · have an element of periodicity, recurrence or regularity · replace income. The lump sum you will receive is not earned as it does not relate to services performed. The payment is also a one off payment and thus it does not have an element of recurrence or regularity. Although the payment can be said to be expected, and perhaps relied upon, this expectation arises from the pain, suffering and medical treatment required resulting from the injury in the work place, rather than from a relationship to personal services performed. A compensation amount normally assumes the nature of that which it is designed to replace. If the compensation is paid for the loss of a capital asset or amount, then it will be regarded as a capital receipt and not ordinary income. Accordingly, the settlement amount is not ordinary income and is therefore not assessable under section 6-5 of the ITAA 1997 Statutory income is amounts that are not ordinary income but are included in assessable income by another provision. Section 102-5 of the ITAA 1997 provides that assessable income includes net capital gains for the income year. However, a capital gain made where the amount relates to compensation or damages you receive for any wrong, injury or illness you suffer personally is disregarded, paragraph 118-37(1)(b) of the ITAA 1997. Accordingly, the settlement amount you will receive is not assessable as statutory income under section 6-10 of the ITAA 1997. As the settlement amount you will receive for your future medical expenses is not assessable as either ordinary income or statutory income, no part of it is included in your assessable income.

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