BLAW30002 Lecture Notes - Lecture 5: Ordinary Income, Westpac
31 Jul 2018
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18: sign-on fees: jarrold v boustead (cs 6. 14); pickford (cs 6. 15); tr 1999/17. Sign-on fees are assessable as oi because courts say it(cid:859)s directly related to your employment or provision of services. (page 146) Nb: s 15-2 -- aat case 7752 (1992) (cs 6. 21) (it is possible for s 15-2 to capture capital amounts. So if you have an amount that is not oi and is received in a services or employment context it is possible to capture the capital amount. There has only been one such case and that is the aat case 7752. A fri(cid:374)ge (cid:271)e(cid:374)efit is (cid:120) a benefit (s 136(1)) e. g. right, privilege, service or facility provided under an arrangement in relation to the performance of work (can be cash or non-cash) Slade bloodstock v fct: the lending of money from employer to employee is not a fb**** (cid:120) provided during the year of tax (meaning of (cid:858)pro(cid:448)ide(cid:859) given in westpac banking corp (1996) s.
