ATO Interpretative Decision
ATO ID 2004/547
Income Tax
Assessability of United Kingdom (UK) government pension received by an Australian residentFOI status: may be released
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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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 a government pension received by an Australian resident taxpayer from the UK assessable under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
Yes. The government pension received by an Australian resident taxpayer from the UK is assessable under section 27H of the ITAA 1936.
Facts
The taxpayer is a resident of Australia for income tax purposes.
The taxpayer receives a retirement pension from the UK Government.
Reasons for Decision
Section 6-10 of the Income Tax Assessment Act 1997 (ITAA 1997) provides that a taxpayer's assessable income includes statutory income amounts which are not ordinary income but are included in assessable income by another provision.
The assessable income of an Australian resident, includes statutory income from all sources, whether in or out of Australia (subsection 6-10(4) of the ITAA 1997).
Section 10-5 of the ITAA 1997 lists the provisions about assessable income. Included in this list is section 27H of the ITAA 1936 which provides that annuities and superannuation pensions are included in assessable income.
In determining liability to Australian tax of foreign sourced income received by a resident, it is necessary to consider not only the income tax laws but also any applicable double tax agreement contained in the International Tax Agreements Act 1953 (the Agreements Act).
Section 4 of the Agreements Act incorporates that Act with the ITAA 1936 and ITAA 1997 so that those Acts are read as one.
Schedule 1 to the Agreements Act contains the double tax agreement between Australia and the United Kingdom of Great Britain and Northern Ireland and the Notes to the agreement (the 2003 UK Convention). The 2003 UK Convention operates to avoid the double taxation of income received by Australian and UK residents.
The 2003 UK Convention entered into force on 17 December 2003, and in the case of Australia, applies to income or gains for the income year beginning on 1 July 2004 and thereafter.
Article 17(1) of the 2003 UK Convention provides that pensions (including government pensions) and annuities paid to a resident of Australia shall be taxable only in Australia.
Therefore, the UK pension received by the taxpayer is included in the taxpayer's assessable income under section 27H of the ITAA 1936, and forms part of the taxpayer's statutory income under subsection 6-10(4) of the ITAA 1997.
Date of decision: 4 June 2004Year of income: Year ended 30 June 2005 Year ended 30 June 2006 Year ended 30 June 2007 Year ended 30 June 2008 Year ended 30 June 2009
Legislative References:
Income Tax Assessment Act 1936
section 27H
section 6-10
subsection 6-10(4)
section 10-5 International Tax Agreements Act 1953
section 4
Schedule 1
Schedule 1, Article 17(1)
Keywords
Double tax agreements
Foreign pension
Foreign pension income
International tax
United Kingdom
ISSN: 1445-2782
| Date: | Version: | |
| You are here → | 4 June 2004 | Original statement |
| 9 November 2007 | Archived |