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Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

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 your private ruling

Authorisation Number: 1012498475237

Ruling

Subject: Foreign income

Question and answer

Are the salary and allowances you earned while employed overseas exempt from income tax in Australia?

Yes.

This ruling applies for the following periods:

Year ending 30 June 2013,

Year ending 30 June 2014,

Year ending 30 June 2015,

Year ending 30 June 2016,

Year ending 30 June 2017,

Year ending 30 June 2018,

Year ending 30 June 2019.

The scheme commenced on:

1 July 2012.

Relevant facts and circumstances

You are an Australian resident for income tax purposes.

You are engaged as a contractor and derive eligible foreign earnings.

You are engaged on qualifying service in an overseas country for a continuous period that is greater than 91 days and you do not expect to have a break to the continuity of your qualifying service.

You are employed on an approved project and have supplied an official project number.

The overseas country normally taxes salary and wage income.

There is an agreement between Australia and the overseas country that exempts the income from taxation in the overseas country.

Relevant legislative provisions:

Income Tax Assessment Act 1936 Section 23AF

Income Tax Assessment Act 1936 Section 23AF(1)

Income Tax Assessment Act 1936 Section 23AF(17)

Income Tax Assessment Act 1936 Section 23AG(2)

Reasons for decision

Subsection 23AF(1) of the Income Tax Assessment Act 1936 (ITAA 1936) provides that foreign earnings are exempt from income tax where all of the following requirements are satisfied:

    · you are a resident of Australia and a natural person,

    · you are engaged in qualifying foreign service,

    · the foreign service is for a continuous period of at least 91 days,

    · you derive eligible foreign earnings from that foreign service,

    · the foreign service is directly attributable to an approved project by the Trade Minister or a delegate of the Trade Minister, and is allocated an official project number,

    · the income is not excluded by any other provision listed in subsection 23AF(17) of the ITAA 1936.

Given a consideration of the whole arrangement, it is accepted that you meet the above criteria and the income referable to your foreign service is exempt from income tax in Australia.


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