Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 768 - Foreign non-assessable income and gains  

Subdivision 768-R - Temporary residents  

Operative provisions

SECTION 768-910   Income derived by temporary resident  

768-910(1)  
The following are * non-assessable non-exempt income:


(a) the * ordinary income you * derive directly or indirectly from a source other than an * Australian source if you are a * temporary resident when you derive it;


(b) your * statutory income (other than a * net capital gain) from a source other than an Australian source if you are a temporary resident when you derive it.

This subsection has effect subject to subsections (3) and (5).

Note:

A capital gain or loss you make may be disregarded under section 768-915 .

768-910(2)  
For the purposes of paragraph (1)(b):


(a) if you have statutory income because a particular circumstance occurs, you derive the statutory income at the time when the circumstance occurs; and


(b) if you have statutory income because a number of circumstances occur, you derive the statutory income at the time when the last of those circumstances occurs. Exception to subsection (1)

768-910(3)  
However, the following are not * non-assessable non-exempt income under subsection (1):


(a) the * ordinary income you * derive directly or indirectly from a source other than an * Australian source to the extent that it is remuneration, for employment undertaken, or services provided, while you are a * temporary resident;


(b) your * statutory income (other than a * net capital gain) from a source other than an Australian source to the extent that it relates to employment undertaken, or services provided, while you are a temporary resident;


(c) an amount included in your assessable income under Division 86 .


(d) (Repealed by No 133 of 2009)

Note:

This subsection only makes an amount not non-assessable non-exempt income under subsection (1). It does not prevent that amount from being non-assessable non-exempt income under some other provision of this Act or the Income Tax Assessment Act 1936 .

768-910(4)  
(Repealed by No 133 of 2009)

768-910(5)  
(Repealed by No 133 of 2009)

768-910(6)  
(Repealed by No 133 of 2009)


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