RT
向公司打官司得来的赔偿金如何计税？是加入当年收入计算还是免税？
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死亡赔偿金都要征税，何况工伤赔偿！
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LIFE INSURANCE TAX FREE IF YOU NEVER CLAIM AS DEDUCTION IN SUPER FUND
WHICH MEAN YOU PAY LIFE INSURANCE BY AFTER TAX MONEY
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Injury claim一般是免税的。但在申报之前应该具体看看settlement的细节。
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If the payment is the substitute of your lost of ordinary income from work, it will be taxable. If the payment is compensation for your suffering, it should be tax free. So you need to structure the arrangement carefully. Engaging a lawyer is highly recommended, even those free ones.
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Taxation Ruling TR 95/35 discusses when a compensation receipt will be ordinary income, such as if the sum was calculated as a direct compensation for loss of income with reference to lost salary and wages and or a part is separately identifiable and quantifiable as income.
Therefore, you need to refer to the original statement of claim lodged by the injured party and the deed of settlement. If no part of the compensation sum was identifiable as an amount for lost income, then no part of the compensation will be included in your assessable income as ordinary income under section 6-5 of the ITAA 1997.
TR 95/35 specifies that compensation sums which are not ordinary income, are considered capital in nature and are potentially assessable under the capital gains provisions. However section 118-37 of the ITAA 1997 provides that you can disregard any capital gain from a settlement/compensation amount you receive for a personal wrong, injury or illness suffered in your occupation. If the lump sum was paid as a result of a work related injury and you are entitled to disregard any capital gain arising from the payment.
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