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20 Aug 07 Taxpayer not an "eligible person" under s 82AAS - Falson

The AAT has held that a taxpayer was not an "eligible person" as defined in s 82AAS of ITAA 1936 and, as such, was not entitled to a deduction for personal contributions made to a superannuation fund, because more than 10% of the total of the taxpayer’s assessable income was attributable to eligible employment by an employer who provided superannuation support. The AAT rejected the taxpayer's submission that only those amounts received from his employer that attracted a requirement to provide superannuation support should be included in the calculation of the 10% amount, holding that all amounts received by the taxpayer from his employer (including leave payments) should be included. The AAT declined to follow an earlier decision of the AAT in Norris v FCT 2002 ATC 2091: Falson and FCT [2007] AATA 1668 (AAT; Block DP and Frost M; 17 August 2007).

For a copy of the decision, go here

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