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You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1051984402514

Date of advice: 9 June 2022

Ruling

Subject: Australian resident - social security pension from country X

Question 1

Is my social security pension income from Country X for services as a retired government employee assessable in Australia?

Answer

No.

The retirement pension income received by you is not taxable in Australia and is not required to be declared on your tax return.

Question 2

Is my pension income from Country X for services as a retired military government employee assessable in Australia?

Answer

No.

The retirement pension income received by you is not taxable in Australia and is not required to be declared on your tax return.

This ruling applies for the following periods:

Year ended 30 June 20xx

The scheme commences on:

1 July 20xx

Relevant facts and circumstances

You are retired from service with Country X.

You are a resident of Australia for taxation purposes.

You were granted a visa on xx xx 20xx and were required to enter before xx xx 20xx.

The period of stay was classified as indefinite.

Your Visa type was that of a permanent resident.

You receive a pension income from Country X.

Your initial date of eligibility for retired pay due to your services was xx xx 20xx.

You receive an annual annuity from Country X.

Your only other income is rental income or income from a retirement fund.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-5

Income Tax Assessment Act 1997 Section 6-15

International Tax Agreements Act 1953

International Tax Agreements Act 1953 Section 4

International Tax Agreements Act 1953 Schedule 2 Article 19