| Disclaimer 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: 1051972288764
Date of advice: 14 April 2022
Ruling
Subject: Foreign pension
Question
Is the Country Z pension assessable in Australia?
Answer
No.
Article 18 of the Double Tax Agreement (DTA) between Country Z and Australia states:
Social security payments and other public pensions paid by one of the Contracting States to an individual who is a resident of the other Contracting State or a citizen of Country Z shall be taxable only in the first-mentioned State.
Therefore, as your pension is paid by Country Z, they have the taxing rights on the pension and it is not assessable in Australia.
This ruling applies for the following period:
Year ending 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You retired in a prior year.
You subsequently became eligible to receive the Country Z pension later in the same year.
You are a dual resident of Country Z and Australia.
You have received a number of payments.
The pension is not being received in relation to government service.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 6-5
International Tax Agreements Act 1953
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
