Document ID: chunk:federal_register_of_legislation:C2025C00029:section:14:p17
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 14 (pt 17/19)
Character Range: 5542796–5545612

or his or her *associates under successive *schemes that result in substantial continuity of your providing services.

Assessable income from certain activities
 (2) You cannot count as *assessable professional income any assessable income that you *derive for:
 (a) coaching or training *sportspersons; or
 (b) umpiring or refereeing a *sporting competition; or
 (c) administering a *sporting competition; or
 (d) being a member of the pit crew in motor sport; or
 (e) being a theatrical or sports entrepreneur; or
 (f) owning or training animals.

Payments at end of employment, and capital gains
 (3) You cannot count as *assessable professional income:
 (a) a *superannuation lump sum or an *employment termination payment; or
 (b) an *unused annual leave payment or an *unused long service leave payment; or
 (c) a *net capital gain.

This section prevails over section 405‑20
 (4) You cannot count particular assessable income as *assessable professional income if this section says you cannot, even if section 405‑20 says you count it.

405‑35  Limits on counting amounts as assessable professional income

No double‑counting
 (1) You cannot count the same amount as *assessable professional income more than once, even if it is described in more than one subsection of section 405‑20.

Amounts that are partly assessable professional income
 (2) If:
 (a) you *derive assessable income under or as a result of a *scheme; and
 (b) the assessable income consists of a part that is counted as *assessable professional income and another part that cannot be; and
 (c) one component is unreasonably large and the other component is unreasonably small, for reasons that are directly or indirectly related to one another;
you must work out your *assessable professional income as if the unreasonably large component were reduced by a reasonable amount and the unreasonably small component were increased by the same amount.
 (3) Subsection (2) affects your *assessable professional income:
 (a) whether you *derived the assessable income directly or indirectly under or as a result of the *scheme; and
 (b) whether or not a reason mentioned in paragraph (2)(c) is the only reason why a component is unreasonably large or small.

405‑40  Joint author or inventor treated as sole author or inventor
 (1) If you are a joint author of a literary, dramatic, musical or artistic work, work out your *assessable professional income as if you were the author of that work.
Note: This section means that you are treated as a special professional, even if you have never been the sole author of a work.
 (2) If you are a joint inventor of an invention, work out your *assessable professional income as if you were the inventor of that invention.
Note: This section means that you are treated as a special professional, even if