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Re: MSBS Pension taxation

Newbie

Views 629

Replies 2

A recent court ruling (4 Dec 2020) concerning invalid veterans and their benefits, was found to be incorrectly catergorised for taxation purposes (Walker V ATO) This ruling (Australian Federal Court) determined that veterans who discharged medically from the ADF (post 2007) were in fact, taxed incorrectly. 
Why is the ATO dragging their feet on writing this wrong and not informing the affected veteran community about this change? The case has been ongoing for a number of years and yet the ATO has still made no efforts to acknowledge the decision or to publicly reassure the affected veteran community and their families about any changes. In light of a perilous 2020, the onus is on the ATO to mitigate the stress and anxiety the ATO has inadvertently caused by dragging this case out. My question is, why are affected veterans not hearing or seeing any correspondence acknowledging the ruling and why is there silence from the ATO? 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 0

Hi @Camerond

 

On 4 December, when the decision was handed down, we published information regarding our stance on Treatment of military invalidity benefits following Federal Court decision and what impacted persons should do. 

 

If you believe you're impacted by this, you currently don't need to change anything. At this time, nothing changes for impacted persons. Any amendments, objections, or private rulings will be put on hold until the decision is considered in full.

 

It will take time for the High Court to decide if they will grant special leave to appeal, so we can't confirm further details at this time. 

 

We will publish more information on our website as it becomes available. 

 

Thank you for your patience throughout all of this. 

2 REPLIES 2

Most helpful response

ATO Community Support

Replies 0

Hi @Camerond

 

On 4 December, when the decision was handed down, we published information regarding our stance on Treatment of military invalidity benefits following Federal Court decision and what impacted persons should do. 

 

If you believe you're impacted by this, you currently don't need to change anything. At this time, nothing changes for impacted persons. Any amendments, objections, or private rulings will be put on hold until the decision is considered in full.

 

It will take time for the High Court to decide if they will grant special leave to appeal, so we can't confirm further details at this time. 

 

We will publish more information on our website as it becomes available. 

 

Thank you for your patience throughout all of this. 

Former Community Support

Replies 0

Hi @Camerond,

 

We remembered your concern about correspondence from us surrounding this topic, and we would like to share an update with you.

 

We have published some new communications on our website:

 

Individuals receiving invalidity benefits - impact of court decisions

 

Treatment of military benefits following Federal Court decision

 

Tax on benefits

 

Let us know if you have any questions.