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On 6 June 2012, the Government announced its commitment to amend the tax legislation to make it clear that native title payments and other benefits are not subject to income tax (which includes capital gains tax).

Specifically, the tax reforms will make it clear that a payment or non-cash benefit provided under the Native Title Act, or under an agreement made under an Australian law to the extent that that payment or benefit relates to native title, will not be subject to income tax.

These amendments will remove the longstanding uncertainty about the income tax treatment of these payments and benefits by confirming they are not subject to income tax.

Legislation has not yet been introduced into Parliament. After the new law is enacted, taxpayers will need to review their positions back to the 2008-09 income year:

The ATO has now published the administrative treatment that it will apply pending the enactment of the changes.


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