Private ruling: Assessability of workers compensation
Published: March 2013
Ruling period: Year ended 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Questions and Answers: | 1. Will the lump sum amount or any portion thereof to be paid pursuant to section 43 of the Workers Rehabilitation and Compensation Act 1986 (SA) (WRCA), be included in your assessable income? | No. | 2. Will any capital gain arising from the lump sum amount be disregarded? | Yes.



Reasons for decision: Detailed Reasoning - Section 6-5 of the ITAA 1997: Section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997) deals with receipts of ordinary income. It does not operate to include in assessable income amounts of a capital nature. The lump sum amount is to be paid under section 43 of the WRCA. The money to be received will be in satisfaction of giving up your rights to non-economic loss incurred by you. These are rights of a capital nature and the money to be received to compensate you for their relinquishment will similarly be of a capital nature. Section 6-5 of the ITAA 1997 will not apply to the lump sum amount. | Detailed Reasoning - Section 15-30 of the ITAA 1997: Section 15-30 of the ITAA 1997 operates to include in assessable income: any amount received by way of insurance or indemnity for the loss of an amount if: (a) the loss amount would have been included in your assessable income; and (b) the amount you receive is not assessable as ordinary income under section 6-5. The lump sum amount to be paid under section 43 of the WRCA does not meet this description as it is not paid for loss of earnings but in satisfaction of the giving up of capital rights. Section 15-30 of the ITAA 1997 will not apply to the lump sum amount. | Detailed Reasoning - Section 118-37 of the ITAA 1997: Section 118-37 of the ITAA 1997 states that you may disregard any capital gain or capital loss from any capital gains tax event 'relating directly.... to compensation or damages you receive for any wrong or injury you suffer in your occupation.' The lump sum amount to be paid under section 43 of the WRCA meets this description. Section 118-37 of the ITAA 1997 will apply to the lump sum amount so that any capital gain or capital loss you make will be disregarded.

Relevant facts: You sustained compensable disabilities said to have arisen from your employment. | As a result of these injuries you are entitled to receive expenses for non-economic loss pursuant to section 43 of the WRCA. | You have indicated a willingness to accept one 'once and for all' payment which would extinguish any future rights you have to expenses for non-economic loss. | Relevant provisions: Income Tax Assessment Act 1997 Section 6-5. | Income Tax Assessment Act 1997 Section 15-30. | Income Tax Assessment Act 1997 Section 118-37.