Calculating Fox v Wood Claims

by Arnold Shields on February 3, 2010

We have previously talked about Fox v Wood claims in a previous post. As a reminder, the principle established in Fox v Wood(1981) 148 CLR 438 is that the plaintiff is entitled to recover the additional income tax paid in respect of refundable workers compensation receipts.

Fox v Wood is calculated as the difference between the tax on the plaintiff’s taxable income and the tax on the plaintiff’s taxable income less the refundable workers compensation.

Below is a simple template that we use for calculating Fox v Wood claims that you can also use in conjunction with our tax calculator.

You can highlight the table below and copy/paste directly into your word document.

Fox v Wood Calculations2006200720082009Total
Taxable IncomeA
Workers CompensationB
Income less Workers CompC=A-B$$$$
Tax on Taxable Income (A)D
Tax on Income less Workers Comp(C)E
Fox v Wood ClaimF=D-E$$$$$

The Fox v Wood claim is the sum of the additional tax paid in each year (yellow box).

I hope that this helps. Feel free to leave comments if you have any questions

About: Arnold Shields:
Arnold Shields is a Director of Dolman Bateman & Co Pty Ltd, Forensic Accountants and Chartered Accountants. He specialises in forensic accounting and business advice.
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  3. Use of Discount Tables in Personal Injury Litigation
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  5. Compensation To Relatives Claims

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