Private ruling: Assessable income
Published: November 2013
Ruling period: Year ended 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Q1: Is the scholarship money you receive included in your assessable income? | A1: No.

Relevant facts and circumstances: You are a full-time student at a university. You receive an educational scholarship. There is no condition that you be, or become an employee of the person or authority making the payment. There is no guarantee of further employment with the provider, or a related entity. You cannot be required, under the terms of the scholarship, to provide personal services (now or in the future) for the scholarship provider (or a nominee). The provider and related entities do not have the rights to your work as part of the scholarship. The scholarship payments are provided for educational purposes.

Relevant legislative provisions: Income Tax Assessment Act 1997 Subsection 6-5(2) | Income Tax Assessment Act 1997 Section 6-15 | Income Tax Assessment Act 1997 Section 51-10 | Income Tax Assessment Act 1997 Section 51-35

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 includes ordinary income derived directly or indirectly from all sources, whether in or out of Australia, during the income year. However, if an amount is exempt, it is not included in the assessable income of a taxpayer (section 6-15 of the ITAA 1997). Item 2.1A of the table in section 51-10 of the ITAA 1997 provides that, subject to the exceptions and special conditions contained within section 51-35 of the ITAA 1997, income received by way of a scholarship, bursary, educational allowance or education assistance by a full-time student at a school, college or university is exempt from income tax. For the scholarship to be exempt from income tax: · The taxpayer must be a full-time student at a school, college or university · The taxpayer must be in receipt of a scholarship and the scholarship must be provided principally for education purposes and, · There must be no condition that the taxpayer be an employee of the scholarship provider or enter into any contract with the scholarship provider that is wholly or principally for labour. In your case, you are a full-time student and have been awarded a scholarship and there are no conditions attached that require you to work now or in the near future for the provider. As you have satisfied all the requirements, your scholarship income is exempt from tax.