The Rule Against Alienation of Personal Exertion Income — Does it Apply in Australia?

  • Allan Mason

Abstract

This article examines the validity of the personal exertion income rule and seeks to identify whether it applies to the more common income-splitting techniques. Those techniques usually comprise assignment by the taxpayer of either the income-producing source or the right to receive income from that source. The article will not address the potential application of the general anti-avoidance provisions contained in Part IVA (or its predecessor, s. 260) of the Income Tax Assessment Act 1936 (Cth); the question of the rule's application is quite seperate and distinct from the question of whether Part IVA might apply to defeat an income assignment. Before implementing an income-splitting plan, however, the scope both of the rule and of Part IVA should be considered.
Published
Dec 1, 1988
How to Cite
MASON, Allan. The Rule Against Alienation of Personal Exertion Income — Does it Apply in Australia?. QUT Law Review, [S.l.], v. 4, p. 66-69, dec. 1988. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/294>. Date accessed: 01 feb. 2021. doi: https://doi.org/10.5204/qutlr.v4i0.294.
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