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- Newsgroups: aus.acs
- Path: sparky!uunet!munnari.oz.au!manuel.anu.edu.au!sserve!ccadfa.cc.adfa.oz.au!tomw
- From: tomw@ccadfa.cc.adfa.oz.au (Tom Worthington)
- Subject: Concessional Tax Treatment for Computer Programmer
- Message-ID: <1992Nov24.005042.20478@sserve.cc.adfa.oz.au>
- Sender: news@sserve.cc.adfa.oz.au
- Organization: Australian Defence Force Academy, Canberra, Australia
- Date: Tue, 24 Nov 1992 00:50:42 GMT
- Lines: 54
-
- The Australian Taxation Office (ATO) has recently issued Draft taxation
- Determination TD92/D175 which would appear to provide an excellent
- opportunity for computer programmers whose income fluctuates from year to
- year. The effect of the Determination is to allow computer programmers to
- access a SIGNIFICANT TAX CONCESSION through the "averaging provisions" of
- the Income Tax Assessment Act ("the Act").
-
- Broadly, the averaging provisions operate to reduce the burden of tax in
- respect of "eligible persons" in years where their taxable income is
- higher than average, by providing concessional tax treatment to that part
- of income in excess of the average.
-
- "Eligible Person" is defined to mean an artist, a composer, an inventor, a
- performer, a production associate, a sportsperson or a writer. In turn, a
- writer is defined to mean the author of a literary or dramatic work.
-
- According to the Draft Determination, the ATO consider a computer
- programmer to be a writer for the purposes of the averaging provisions,
- AND THEREFORE ELIGIBLE FOR THE CONCESSIONAL TAX TREATMENT.
-
- While it should be noted that a DRAFT Taxation Determination does not have
- the force of law and therefore cannot be fully relied on, such a
- Determination represents the "preliminary, though considered views of the
- ATO".
-
- In practical terms, a writer of a computer program will qualify for
- concessional tax treatment in respect of income from such activity
- provided:
-
- (a) any arrangement for the rendering of the services was entered into
- solely for the completion of one or more specified programs; and
-
- (b) the services have not been, or may not reasonably be expected to be,
- rendered to another person under successive arrangements of a kind that
- result in substantial continuity in the rendering of those services.
-
- Continuous employment as an employee programmer will not ordinarily
- qualify, including in most circumstances, programmers who operate though a
- company or trust structure.
-
- Regards,
- Professor Ashley Goldsworthy, AO, OBE, FACS
- Chief Executive Officer
- 20 November 1992
-
- Australian Computer Society Inc.
- PO Box Darlinghurst NSW 2010
- ph: 02 2115855
- fax: 02 2811208
-
-
- Posted by Tom Worthington, Chairman of the ACS Canberra Branch, 24
- November 1992.
-
-