Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 405 - Above-average special professional income of authors, inventors, performing artists, production associates and sportspersons  

Subdivision 405-B - Assessable professional income  

SECTION 405-30   What you cannot count as assessable professional income  
Assessable income from continuous service as author or inventor

405-30(1)    
You cannot count as ^* assessable professional income any assessable income you ^* derive for meeting your obligations under a ^* scheme to provide services to another person by engaging in activities as the author of a literary, dramatic, musical or artistic work, or as the inventor of an invention, unless:

(a) the scheme was entered into solely to require you to provide services by:

(i) making one or more specified literary, dramatic, musical or artistic works; or

(ii) inventing one or more specified inventions; and

(b) you have not been providing services, and may not reasonably be expected to provide services, to that person or his or her ^* associates under successive ^* schemes that result in substantial continuity of your providing services.

Assessable income from certain activities

405-30(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

405-30(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

405-30(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.