Class Ruling

CR 2006/113W

Income tax: treatment of payments received for the permanent transfer of South Australian water entitlements under the Living Murray Initiative

  • 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:

This publication provides you with the following level of protection:

This publication (excluding appendixes) is a public ruling for the purposes of the Taxation Administration Act 1953.

A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes.

If you rely on this ruling, we must apply the law to you in the way set out in the ruling (or in a way that is more favourable for you if we are satisfied that the ruling is incorrect and disadvantages you, and we are not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you.

Withdrawal

1. This Ruling is withdrawn from 1 July 2009.

Commissioner of Taxation
15 November 2006

Not previously issued as a draft

References

ATO references:
NO 2006/19983

ISSN: 1445-2014

Related Rulings/Determinations:

TR 2006/3

Subject References:
bounties and subsidies
capital gains tax
capital receipts
government payments
ordinary income

Legislative References:
TAA 1953
TAA 1953 Sch 1 357-75(1)
ITAA 1997 6-5
ITAA 1997 6-5(1)
ITAA 1997 15-10
ITAA 1997 104-10
ITAA 1997 104-10(4)
ITAA 1997 104-10(5)(a)
ITAA 1997 108-5
ITAA 1997 Subdiv 115-A
ITAA 1997 Subdiv 115-B
ITAA 1997 Subdiv 115-C
ITAA 1997 116-40(1)
ITAA 1997 Div 152
Copyright Act 1968
Irrigation Act 1994 (SA)
Natural Resources Management Act 2004 (SA)
Natural Resources Management Act 2004 (SA) 146
Natural Resources Management Act 2004 (SA) 157
Renmark Irrigation Trust Act 1936 (SA)

Case References:
Federal Coke Co Pty Ltd v. Federal Commissioner of Taxation
(1977) 34 FLR 375
(1977) 7 ATR 519
77 ATC 4255


GP International Pipecoaters Pty Ltd v. Federal Commissioner of Taxation
(1990) 170 CLR 124
21 ATR 1
90 ATC 4413

Hayes v. Federal Commissioner of Taxation
(1956) 96 CLR 47

MIM Holdings Ltd v. Commissioner of Taxation
(1997) 363 FCA 13
(1997) 36 ATR 108
97 ATC 4420

Placer Development Ltd v. Commonwealth of Australia
(1969) 121 CLR 353

Scott v. Federal Commissioner of Taxation
(1966) 117 CLR 514

Other References:
Macquarie Dictionary, 2001, rev. 3rd edn, The Macquarie Library Pty Ltd, NSW
Water Allocation Plan for the River Murray Prescribed Watercourse

CR 2006/113W history
  Date: Version: Change:
  1 July 2006 Original ruling  
You are here 1 July 2009 Withdrawn