Disclaimer This edited version has been archived due to the length of time since original publication.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 written advice
Authorisation Number: 1012689616408
Ruling
Subject: Overseas pension
Question
Is the Social Security benefit received from an overseas country included in your assessable income in Australia?
Answer
No
This ruling applies for the following period
Year ended 30 June 2014
The scheme commenced on
1 July 2013
Relevant facts and circumstances
You are an Australian resident for income tax purposes.
You receive a social security pension from an overseas country.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-5
International Tax Agreements Act 1953
Convention between the Government of Australia and the Government of the an overseas country for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Articles 18 and 19
Reasons for decision
Social Security income
ATO 200X/XXX explains Paragraph 18(2) of the double tax agreement between the overseas country and Australia (the DTA) provides that Social Security payments by the overseas country to a resident of Australia shall only be taxed in the overseas country.
The Social Security benefit you receive will therefore not be assessable in Australia but will remain subject to tax in the overseas country.