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If an amount is ordinary income to a recipient, which of the following is the most correct:Question 10Answera.It may also be included in the recipient’s assessable income via a statutory income provision.b.If it is also included in the recipient’s assessable income via a statutory income provision then generally the statutory income provision will prevail.c.It may also be included in the recipient’s assessable income via a statutory income provision but the rules about ordinary income will prevail.d.It will never be foreign source income.

Question

If an amount is ordinary income to a recipient, which of the following is the most correct:Question 10Answera.It may also be included in the recipient’s assessable income via a statutory income provision.b.If it is also included in the recipient’s assessable income via a statutory income provision then generally the statutory income provision will prevail.c.It may also be included in the recipient’s assessable income via a statutory income provision but the rules about ordinary income will prevail.d.It will never be foreign source income.

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Solution

The most correct answer is b. If an amount is ordinary income to a recipient and it is also included in the recipient’s assessable income via a statutory income provision, then generally the statutory income provision will prevail. This is because statutory income provisions are specific laws that override the general concept of ordinary income.

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