Taxation Laws Amendment Act (No. 2) 2003 (65 of 2003)

Schedule 2   Exempting compensation for loss of defence remuneration

Income Tax Assessment Act 1997

4   After section 51-30

Insert:

51-32 Compensation payments for loss of deployment allowance for warlike service

A compensation payment for the loss of your deployment allowance for warlike service is exempt from income tax if:

(a) the payment is made under the Safety, Rehabilitation and Compensation Act 1988 in respect of an injury (as defined in that Act) you suffered; and

(b) you suffered your injury while covered by a certificate in force under paragraph 23AD(1)(a) of the Income Tax Assessment Act 1936; and

(c) your injury caused the loss of your deployment allowance; and

(d) your deployment allowance was payable under a determination under the Defence Act 1903.

51-33 Compensation payments for loss of pay and/or allowances as a Defence reservist

A compensation payment for the loss of your pay and/or allowances is exempt from income tax if:

(a) the payment is made under the Safety, Rehabilitation and Compensation Act 1988 in respect of an injury (as defined in that Act) you suffered; and

(b) you suffered your injury while serving as a member of the Naval Reserve, Army Reserve or Air Force Reserve (but not while on continuous full time service); and

(c) your injury was the sole or dominant reason for you stopping being a member of that Reserve; and

(d) your pay and/or allowances were payable for service of a kind described in paragraph (b).


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).