Native title and taxation issues

Abstract

There are no specific provisions in either the Income Tax Assessment Act 1936 (Cth) (ITAA36)or the Income Tax Assessment Act 1997 (Cth) (ITAA97) dealing with the assessability or nonassessability of native title compensation receipts. Similarly there are no specific provisions in either Act dealing with the deductibility or non-deductibility of the costs of determining whether a taxpayer's interest in land could be the subject of a native title claim, of bringing or defending native title claims, of making native title compensation payments, and of legal expenses incurred in relation to the above. The taxation implications for both the recipients and the payer of a native title compensation payment are examined in this article. The federal government has made an announcement as to its proposed taxation treatment of native title compensation payments and receipts. The federal government's proposal is also considered in this article.