ATO Interpretative Decision
ATO ID 2003/887 (Withdrawn)
Income Tax
Exempt Income: Director of US company visiting AustraliaFOI status: may be released
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This ATO ID is withdrawn because, following legislative changes which became effective on 14 September 2006, it is no longer current for years of income happening on or after 30 June 2006. Despite its withdrawal from the database, this ATO ID continues to be a precedential view in respect of decisions dealing with the application of paragraph 23(c) of the Income Tax Assessment Act 1936 (ITAA 1936) occurring before that date.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the income derived by the taxpayer, director of a United States of America (US) resident company in respect of personal services performed by its director in Australia, exempt from income tax under subparagraph 23(c)(iv) of the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
No. The income derived by the taxpayer, director of a US resident company in respect of personal services performed by its director in Australia, is not exempt from income tax under subparagraph 23(c)(iv) of the ITAA 1936.
Facts
The director of a US resident company provides specialised training to the staff of a state government department at a number of venues in Australia under a contract between the government department and the US company.
The services provided by the director involve the provision of training to the department's staff with a view to advance their skills in carrying out their duties.
The US company is not a society or association established for educational, scientific, religious or philanthropic purposes.
The state government department makes payments for the personal services rendered by the director in Australia.
Reasons for Decision
Subparagraph 23(c)(iv) of the ITAA 1936 exempts income of a person visiting Australia in the capacity of representative of any society or association established for educational, scientific, religious or philanthropic purposes for attending international or Commonwealth conferences or for the purpose of carrying on investigation or research for such society or association.
Subparagraph 23(c)(iv) of the ITAA 1936 will not apply as the US company is not a society or association established for educational, scientific, religious or philanthropic purposes. The purpose of the visit by the director was to provide training courses to the state government department staff and was not to attend an international or Commonwealth conference or to carry on investigation or research for such society or association.
Accordingly, the income derived by the taxpayer, director of a US resident company in respect of personal services performed in Australia, is not exempt from income tax under subparagraph 23(c)(iv) of the ITAA 1936.
Date of decision: 8 August 2003Year of income: Year ended 30 June 2003
Legislative References:
Income Tax Assessment Act 1936
subparagraph 23(c)(iv)
ATO ID 2003/886
ATO ID 2003/888
ATO ID 2003/889
Keywords
Exempt Income
Staff training expenses
United States
ISSN: 1445-2782
| Date: | Version: | |
| 8 August 2003 | Original statement | |
| You are here | 20 March 2008 | Archived |