Edited version of your written advice

Authorisation Number: 1012770871884

Ruling

Subject: Overseas employment income

Question

Will your salary and allowances you earn while employed in Country A be exempt from income tax in Australia?

Answer

Yes

This ruling applies for the following period

Year ending 30 June 2014

Year ending 30 June 2015

Year ending 30 June 2016

Relevant facts and circumstances

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.

You are a resident of Australia for tax purposes.

You are working in Country A as an adviser.

You will be engaged in foreign employment for more than 91 continuous days.

Your foreign service is directly attributable to the delivery of Australian official development assistance (ODA)..

You pay withholding tax in Country A.

Relevant legislative provisions

Income Tax Assessment Act 1936 Section 23AG.

Income Tax Assessment Act 1997 Section 6-5

Income Tax Assessment Act 1997 6-15(2)

Income Tax Assessment Act 1997 Section 11-15

Reasons for decision

Subsection 6-5(2) of the Income Tax Assessment Act 1997 (ITAA 1997) provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources, whether in or out of Australia, during the income year.

Salary and wages are ordinary income for the purpose of subsection 6-5(2) of the ITAA 1997.

Subsection 6-15(2) of the ITAA 1997 provides that if an amount is exempt income then it is not included in assessable income.

Section 11-15 of the ITAA 1997 lists those provisions dealing with income that may be exempt. Included in this list is section 23AG of the Income Tax Assessment Act (ITAA 1936), which deals with foreign earnings.

Subsection 23AG(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 foreign service

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

• you derive foreign earnings from that foreign service

• the foreign service is directly attributable to an activity that is listed in subsection 23AG(1AA) of the ITAA 1936

• the foreign earnings are not exempt from income tax in the foreign country only because of one of the reasons listed in subsection 23AG(2) of the ITAA 1936.

In your case, you are a resident of Australia for tax purposes.

You were employed in Country A as part of Australian official development assistance. which falls into one of the five categories of foreign service listed in section 23AG of the ITAA 1936.

You will engage in foreign service for a continuous period greater than 91 days.

The income you earn while working in Country A is subject to withholding tax.in that country.

Therefore, you have met all the requirements of section 23AG of the ITAA 1936 and your foreign employment income is exempt from tax in Australia.

Declaring exempt foreign income in your tax return

Although income subject to exemption under section 23AG of the ITAA 1936 is not taxable in Australia, the amount still needs to be declared as 'exempt foreign employment income' at the appropriate label in your tax return. This is because the amount of exempt foreign earnings it taken into account in calculating the tax payable on other income that you derive.