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Edited version of your written advice
Authorisation Number: 1051460209244
Date of advice: 29 November 2018
Ruling
Subject: Deductible amount of UPP of a foreign pension or annuity
Question
Are you entitled to an undeducted purchase price (UPP) deductible amount in respect of your foreign pension?
Answer
Yes
Reasons for Decision
The part of your annual pension or annuity income which represents a return to you of your personal contributions is free from tax. The tax-free portion is called the UPP deductible amount.
It is calculated by dividing the UPP of your pension by either the term of the pension (if fixed), or a life expectancy factor - that applies to you or your spouse if they have a greater life expectancy - according to life expectancy statistics.
The Australian life tables are published by the Australian Government Actuary, and the life expectancy is taken from when the pension first became payable.
The annual UPP deductible amount is calculated using the following formula:
A (B – C) ÷ D
A = relevant share of the pension payable to you
(if all the pension is payable to you then A = 1)
B = is the amount of the UPP of the pension
C = is the residual capital value (if any)
D = is the relevant number
Relevant facts and circumstances
This ruling is based on the facts stated below. Any material variation from these facts (including any matters not stated in the description above and any departure from these facts) will mean that the ruling will have no effect. Where there is no variation, the ruling can apply for more than just the period/s mentioned above.
● you are a resident of Australia for income tax purposes
● your pension is paid by the Foreign Compensation Office a scheme maintained in Country X, and
● you have provided a copy of a letter from the fund to assist the Commissioner in determining the amount of your personal contributions
● you currently receive 100% of the pension
● the residual capital value of the pension is nil.
● your pension is paid on a monthly basis.
Assumptions
No assumptions have been used in this ruling as it is given on the basis of the facts and circumstances stated above.
We took these laws into account:
Income Tax Assessment Act 1936 Subsection 27H(2)
Income Tax Assessment Act 1936 Subsection 27H(3)
Income Tax Assessment Act 1936 Subsection 27H(4)
Other references:
Taxation Determination TD 2006/17
Taxation Determination TD 2006/54
Taxation Determination TD 2006/72
Important information to note
The UPP deductible amount can only be included in your tax return if you have declared your pension income. When including these amounts, they should be translated to Australian currency using the same exchange rate. More information about exchange rates is available from our website by entering ‘QC 16583’ in the search box on the top right of the page.
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