Taxation Laws Amendment Act (No. 4) 2003 (66 of 2003)

Schedule 3   Non-assessable non-exempt income

Income Tax Assessment Act 1997

90   At the end of Division 59

Add:

59-30 Amounts you must repay

(1) An amount you receive is not assessable income and is not *exempt income for an income year if:

(a) you must repay it; and

(b) you repay it in a later income year; and

(c) you cannot deduct the repayment for any income year.

(2) It does not matter if:

(a) you received the amount as part of a larger amount; or

(b) the obligation to repay existed when you received the amount or it came into existence later.

(3) This section does not apply to an amount you must repay because you received a lump sum as compensation or damages for a wrong or injury you suffered in your occupation.

[The next Division is Division 61.]