ATO Interpretative Decision

ATO ID 2001/9 (Withdrawn)

Income Tax

Superannuation: Eligible Termination Payments (Lump Sum UK Pension Scheme)
FOI status: may be released
  • This ATO Interpretative Decision is withdrawn from the database because it contains a view in respect of section 27CAA of the Income Tax Assessment Act 1936 which does not apply after the 2006 - 2007 income year. Despite its withdrawal from the database, this ATO Interpretative Decision continues to be a precedential view in respect of decisions for income years up to, and including, the 2006 - 2007 income year.
    Note: Please refer to Subdivision 305-B of the Income Tax Assessment Act 1997 for the 2007-2008 and later income years.
    This document has changed over time. View its history.

Status of this decision: Decision Withdrawn 26 June 2009
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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

Whether the receipt by the taxpayer of a lump sum superannuation payment from a United Kingdom (UK) pension scheme, with receipt of the money in either the UK or Australia, is assessable income in Australia.

Decision

A receipt by the taxpayer of a lump sum superannuation payment from a United Kingdom (UK) pension scheme; with receipt of the money in either the UK or Australia, is assessable income in Australia.

Facts

The taxpayer has been a resident of Australia since December 1993. The taxpayer was a resident of the UK between 1974 and 1991. The taxpayer otherwise resided in New Zealand.

Upon turning 50 years of age, the taxpayer is eligible, in the UK, for early retirement.

The taxpayer has two UK pension schemes. Both are funded from employer contributions only.

The taxpayer has been advised that any lump sum payments that they receive from the pension schemes are exempt from tax in the UK.

Reasons For Decision

A portion of the lump sum superannuation payment is included in assessable income pursuant to section 27CAA of the Income Tax Assessment Act 1936 (ITAA 1936).

Section 27CAA (ITAA 1936) includes in assessable income the gross amount of any lump sum received less the accumulated entitlement and any additional contributions. The accumulated entitlement is the amount properly payable to the taxpayer immediately before the day the taxpayer became a resident of Australia. The additional contributions are any contributions made to the fund after the taxpayer became a resident of Australia. In simple terms, the assessable amount is the earnings of the fund since the taxpayer became a resident of Australia.

There is no requirement under section 27CAA (ITAA 1936) that the benefit be paid in Australia. Therefore, section 27CAA would apply whether the taxpayer transfers the benefit to Australia or it remains overseas. Furthermore, section 27CAA (ITAA 1936) does not mention the age of the taxpayer. Therefore section 27CAA (ITAA 1936) is applicable whether the taxpayer received the payment now or delayed retirement for a few years.

The benefit is not an eligible termination payment (ETP) because it is specifically excluded under paragraph (ma) of the definition of an 'eligible termination payment' in subsection 27A(1) (ITAA 1936).

Date of decision:  16 October 1998

Legislative References:
Income Tax Assessment Act 1936
   section 27CAA
   subsection 27A(1)

Keywords
Eligible termination payments
Foreign income
ETP
Properly payable
Accumulated entitlement

Business Line:  Superannuation

Date of publication:  4 June 2001

ISSN: 1445-2782

history
  Date: Version:
  16 October 1998 Original statement
You are here 26 June 2009 Withdrawn