Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012601760118
Ruling
Subject: Superannuation payment
Question 1
Is your superannuation payment non-assessable non-exempt income?
Answer
Yes.
Question 2
Is this payment required to be recorded on your income tax return?
Answer
No.
This ruling applies for the following period:
Year ending 30 June 2013
The scheme commenced on
1 July 2012
Relevant facts and circumstances
You have been in receipt of a Funded Lifetime Pension.
The funds in this pension scheme are from a taxed source.
The Product Disclosure Statement states that the payments to persons over 60 are tax free.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 301-10
Reasons for decision
Section 301-10 of the Income Tax Assessment Act 1997 states that if you are over 60 years of age when you receive superannuation benefits the benefit is not assessable income and is not exempt income.
In your case the funds paid into your pension scheme are from a taxed source and therefore the benefits paid to you are non-assessable non-exempt income and are not required to be to be included in your tax return.