INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 83 - Other payments on termination of employment  

Subdivision 83-D - Foreign termination payments  

Operative provisions

SECTION 83-240   Termination payments tax free - Australian resident period  

83-240(1)  
A payment received by you is not assessable income and is not *exempt income if:


(a) it was received in consequence of:


(i) the termination of your employment in a foreign country; or

(ii) the termination of your engagement on qualifying service on an approved project (within the meaning of section 23AF of the Income Tax Assessment Act 1936 ), in relation to a foreign country; and


(b) it relates only to the period of that employment or engagement; and


(c) it is not a *superannuation benefit; and


(d) it is not a payment of a pension or an *annuity (whether or not the payment is a superannuation benefit); and


(e) you were an Australian resident during the period of the employment or engagement; and


(f) the payment is not exempt from income tax under the law of the foreign country; and


(g) for a period of employment - your foreign earnings from the employment are exempt from income tax under section 23AG of the Income Tax Assessment Act 1936 ; and


(h) for a period of engagement - your *eligible foreign remuneration from the service is exempt from income tax under section 23AF of that Act.

83-240(2)  
For the purposes of subparagraph (1)(a)(ii), treat the termination of engagement on qualifying service on an approved project as including:


(a) retirement from the engagement; and


(b) cessation of the engagement because of the person's death.

Note:

The termination of a person's employment is treated in the same way: see section 80-10 .


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