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Class Ruling

CR 2005/112W

Income tax: tax treatment of payments to members of the Australian Construction Industry Redundancy Trust

  • 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. This Ruling is withdrawn and ceases to have effect after 30 June 2006. 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
14 December 2005

References

ATO references:
NO 2005/17583

ISSN: 1445-2014

Related Rulings/Determinations:

CR 2001/1
TR 92/1
TR 92/20
TR 94/12
TR 97/16
TR 2003/13

Subject References:
bona fide redundancy payments
distributions
eligible termination payments
ETP components
income distributions
present entitlement
trust beneficiaries
trust distributions
trust income
trusts

Legislative References:
ITAA 1936 27A(1)
ITAA 1936 27B
ITAA 1936 27C
ITAA 1936 27F
ITAA 1936 27F(1)(a)
ITAA 1936 27F(1)(aa)
ITAA 1936 27F(1)(b)
ITAA 1936 27F(1)(c)
ITAA 1936 27F(1)(d)
ITAA 1936 Pt III Div 6
ITAA 1936 97
ITAA 1936 97(1)
ITAA 1936 99A
TAA 1953 Pt IVAAA
Copyright Act 1968

Case References:
AAT Case 4287
(1988) 19 ATR 3443


Case V67
88 ATC 505

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

R v. The Industrial Commission of South Australia; ex parte Adelaide Milk Supply Co-operative Ltd & Ors
(1977) 44 SAIR 1202
(1977) 16 SASR 6

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

Short v. F W Hercus Pty Ltd
(1993) 40 FCR 511
(1993) 46 IR 128
(1993) 35 AILR 151

Other References:
Explanatory Memorandum to the Income Tax Assessment Amendment Bill (No. 3) 1984

CR 2005/112W history
  Date: Version: Change:
  1 July 2000 Original ruling  
You are here 1 July 2006 Withdrawn  

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