Private ruling: Compensation payments
Published: May 2014
Date scheme commenced: 1 July 2012

Ruling: Q1: Will any compensation payments made under the Agreement be assessable as ordinary income or a capital gain? | A1: No | Q2: Will any compensation payments made under the Agreement reduce the cost base of the relevant property? | A2: Yes This ruling applies for the following period: Year ended 30 June 2013 The scheme commenced on: 1 July 2012

Relevant facts and circumstances: You own a property that is used in your business. You entered into an Agreement with X allowing them to undertake activities on your property. Under the Agreement, X is required to compensate you in relation to the activities they will carry out. The payments were to be paid in the form of up-front payments, annual payments and payments made on the conduct of specified activities. You are not disposing of the property under the agreement.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 6-5 | Income Tax Assessment Act 1997 Section 6-10 | Income Tax Assessment Act 1997 Subsection 110-55(6)

Reasons for decision: Summary: Taxation Ruling TR 95/35 provides the Commissioner's view on the taxation implications of compensation receipts. To determine the tax treatment of a compensation payment a 'look through' approach is adopted to identify the relevant asset to which the compensation relates. If no underlying asset can be identified, the compensation may relate to the disposal of the right to seek compensation. Having regard to your full circumstances, it is accepted that the compensation payments will primarily relate to the damage and the loss of use and amenity of an underlying asset, being the property. Consequently the compensation payments will not be assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997) as the payments relate to a capital asset. We consider that the compensation payments relate to a permanent reduction in the value of the property. In this instance as there is no disposal of the underlying asset the receipts will instead amount to a reduction of the cost base of the property under section 110-55(6) of the ITAA 1997 as a recoupment of the purchase costs.