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Class Ruling

CR 2002/1W

Income tax: Eligible Termination Payment - FreightCorp Sale and Transfer of Employment

  • 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, and the What this 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 This Ruling is withdrawn and ceases to have effect after 30 June 2002. 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
16 January 2002

Not previously released in draft form

References

ATO references:
NO T2002/000214

ISSN 1445-2014

Related Rulings/Determinations:

CR 2001/1
TR 92/1
TR 92/20
TR 96/13
TR 97/16
TD 93/140
IT 2152

Subject References:
Eligible termination payments
Employment termination

Legislative References:
ITAA 1936 26AC
ITAA 1936 26AD
ITAA 1936 27A(1)
ITAA 1936 27H
Freight Rail Corporations (Sale) Act 2001 5
Freight Rail Corporations Sale Act 2001 Part 3
Freight Rail Corporations Sale Act 2001 42(3)

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


Paklan Pty Ltd and other v. FCT
(1983) 14 ATR 457
83 ATC 4456

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

Taxation Case K76
78 ATC 703

Taxation Case Q118
83 ATC 610

CR 2002/1W history
  Date: Version: Change:
  31 December 2001 Original ruling  
You are here 1 July 2002 Withdrawn  

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