CSS superannuation pension case: ATO Decision Impact Statement
Fri Nov 9 2007
Weekly Tax Bulletin --- Page: 1841 : 28 October 2007 Original article by Lisa Mak
LexisNexis Summary
The Australian Taxation Office (ATO) has published a Decision Impact Statement relating to the decision of the Administrative Appeals Tribunal in Hamilton v Commissioner of Taxation. The tribunal held that the taxpayer was not entitled to a rebate of tax under subsection 159SM(1) of the Income Tax Assessment Act 1936 in relation to his Commonwealth Superannuation Scheme indexed pension as it was paid out of the Consolidated Revenue Fund and not from a complying superannuation fund. The ATO stated that the decision of the tribunal aligns with the Commissioner's view that the applicant was not entitled to a rebate of tax.
