11 Feb 2021 Cases

ATO Decision impact statement

Commissioner of Taxation v Douglas [2020] FCAFC 220 QUD 103 of 2020 QUD 114 of 2020 QUD 115 of 2020

This Decision impact statement outlines the ATO's response to the Full Federal Court decision concerning whether certain invalidity benefits paid from pensions to individuals under the Military Superannuation and Benefits Scheme and the Defence Force Retirement and Death Benefits Scheme were taxable as superannuation income stream benefits or superannuation lump sums.

The decisions found that pensions commencing to be paid after 20 September 2007 were superannuation lump sums and those commencing payment prior to 20 September 2007 (and continually paid) were superannuation income streams. The ATO has chosen not to appeal the decisions.

Read more here.