• Legal database
Legal database

Class Ruling

CR 2004/142W

Income tax: Eligible Termination Payment - The NSW Department of Commerce sale of cmSolutions and Q Stores - Transfer of Employment Agreements 2004

  • Please note that the PDF version is the authorised version of this withdrawal notice.
    This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

FOI status:

may be released

Preamble

The number, subject heading, What this Class Ruling is about (including Tax law(s), Class of persons and Qualifications sections), Date of effect, Withdrawal, Arrangement and Ruling parts of this document are a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953. CR 2001/1 explains Class Rulings and Taxation Rulings TR 92/1 and TR 97/16 together explain when a Ruling is a 'public ruling' and how it is binding on the Commissioner.

Withdrawal

1. The Ruling is withdrawn and ceases to have effect after 30 June 2005. The Ruling continues to apply, in respect of the tax law(s) ruled upon, to all persons within the specified class who enter into the specified arrangement during the term of the Ruling. Thus, the Ruling continues to apply to those persons, even following its withdrawal, for arrangements entered into prior to withdrawal of the Ruling. This is subject to there being no change in the arrangement or in the persons' involvement in the arrangement.

Commissioner of Taxation
8 December 2004

Not previously issued as a draft

References

ATO references:
NO 2004/16827

ISSN: 1445-2014

Related Rulings/Determinations:

CR 2001/1
CR 2002/1
TR 92/1
TR 92/20
TR 97/16
TR 2003/13
TD 93/140
IT 2152

Subject References:
eligible termination payments
employment termination

Legislative References:
ITAA 1936 26AC
ITAA 1936 26AD
ITAA 1936 Pt III Div 2 Subdiv AA
ITAA 1936 27A(1)
ITAA 1936 27B
ITAA 1936 27C
ITAA 1936 27H
ITAA 1936 121DA
ITAA 1936 140M(1)
Copyright Act 1968
Public Sector Employment and Management Act 2002
TAA 1953 Pt IVAAA
Taxation Laws Amendment Act (No. 2) 1989 1

Case References:
Case K76
78 ATC 703


Case Q118
83 ATC 610

Le Grand v. Commissioner of Taxation
(2002) 195 ALR 194
(2002) 124 FCR 53
2002 ATC 4907
(2002) 51 ATR 139
[2002] FCA 1258

McIntosh v. Commissioner of Taxation (Cth)
(1979) 45 FLR 279
79 ATC 4325
10 ATR 13
(1979) 25 ALR 557
10 ATR 13

Paklan Pty Ltd and others v. Commissioner of Taxation (Cth)
(1983) 14 ATR 457
83 ATC 4456
(1983) 67 FLR 238

Reseck v. Federal Commissioner of Taxation
(1975) 133 CLR 45
75 ATC 4213
5 ATR 538
(1975) 49 ALJR 370
(1975) 6 ALR 642

CR 2004/142W history
  Date: Version: Change:
  15 November 2004 Original ruling  
You are here 1 July 2005 Withdrawn  

Back to top