Income Tax Assessment Act 1997
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Hide history noteAssessable 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.
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