Reference no: EM132641138

Question - Farm Limited, the ultimate holding company of the companies in the Super Dairy Group, disposed of a number of its subsidiary companies, including the companies in the Super Dairy Group. Jean, a general manager of Minor Dairy Limited, a company in the Super Dairy Group, received an offer from Farm limited of a one-off payment of $110,000 (retention payment) to remain in her current employment with Minor Dairy Limited for a period of twelve months from the effective date of the forthcoming change of ownership of Super Dairy Group in which Jean was engaged and required to give full time attention, commitment and energy to the business of Super Dairy Group during that time. In the event that Jean resigns her employment with Super Dairy Group before the completion of twelve months' service following the change of ownership, she is to refund to the Company the amount paid to her, less an abatement of one-twelfth of the total retention payment paid to her for each completed month of service or part thereof. No such refund will be payable if Super Dairy Group terminates her employment or she dies or become permanently disabled before the expiry of the 12 month retention period. Jean accepts the offer and the retention sum was paid to her. Is the retention sum assessable income for Jean?