Australian Tax Law Knowledge Base

    Comprehensive, AI-powered analysis of Australian tax law. Search across ATO rulings, legislation, case law, topics, definitions, and practical guides.

    ATO Rulings

    Comprehensive summaries and analysis of ATO taxation rulings, goods and services tax rulings, and self-managed superannuation fund rulings.

    Legislation

    Plain English explanations of key sections from the ITAA 1997, ITAA 1936, GST Act, and other Australian tax legislation.

    Case Law

    Detailed analysis of landmark Australian tax cases from the High Court, Federal Court, and Administrative Appeals Tribunal.

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    In-depth coverage of major tax topics including Division 7A, CGT concessions, GST, and more.

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    Clear definitions of technical tax terms with legislative references and practical examples.

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    TR 2019/1 – Income Tax: When is a Amount Included in Assessable Income Under Section 6-5?

    ATO Ruling

    TR 2019/1 provides the ATO's comprehensive view on when an amount is ordinary income and therefore included in assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997). It consolidates and replaces earlier rulings on ordinary income concepts, providing a single authoritative reference for practitioners.

    ITAA 1997 Section 6-5 – Income According to Ordinary Concepts (Ordinary Income)

    Legislation

    Section 6-5 is the foundational provision that includes ordinary income in a taxpayer's assessable income. It provides that assessable income includes income according to ordinary concepts, and establishes the rules for when such income is derived by residents and non-residents.

    Federal Commissioner of Taxation v Myer Emporium Ltd

    Case Law

    FCT v Myer Emporium Ltd is a landmark High Court decision that established the principle that a profit made from an isolated transaction can be ordinary income if the transaction was entered into with the intention or purpose of making a profit. The case is foundational to the income/capital distinction in Australian tax law.

    Division 7A – Loans and Payments from Private Companies

    Topic

    Division 7A of Part III of the Income Tax Assessment Act 1936 (ITAA 1936) is an integrity measure designed to prevent profits or assets of a private company from being provided to shareholders or thei...

    Ordinary Income

    Definition

    Income that you earn through regular activities like working, running a business, or earning interest on investments. It's the everyday type of income that most people receive and is taxed at your marginal tax rate.

    How the GST Going Concern Exemption Works

    Guide

    The sale of a business as a going concern can be GST-free under Division 38 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). This exemption is critical for business sales and comme...

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    All content is grounded in and cites these authoritative Australian legal and regulatory sources:

    Income Tax Assessment Act 1997
    ITAA 1997
    Income Tax Assessment Act 1936
    ITAA 1936
    A New Tax System (Goods & Services Tax) Act 1999
    GST Act
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