High Court of Australia

Blank v Commissioner of Taxation [2016] HCA 42

9 Nov 2016

Case Number: S144/2016


French CJ, Kiefel, Gageler, Keane, Gordon JJ


Income tax – Assessable income – Where taxpayer participated in employee incentive profit participation agreement – Taxpayer granted claim to deferred compensation calculated on basis of company profit – Amount payable under agreement to taxpayer on termination of employment and execution of declaration of assignment and release – Whether amount income according to ordinary concepts or capital gain.

Words and phrases – "deferred compensation", "Genussscheine", "incentive profit participation agreement", "ordinary income", "pecuniary account".

Income Tax Assessment Act 1936 (Cth) – s 26(e).

Income Tax Assessment Act 1997 (Cth) – s 6-5(1), (4).

Swiss Code of Obligations – Art 657.

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