Edited version of your written advice

Authorisation Number: 1012776062187

NOTICE

This edited version has been found to be misleading or incorrect. It does not represent the ATO’s view of the relevant law.

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● the binding nature of the private advice issued to the applicant

● the correctness of other edited versions.

Edited versions cannot be relied upon as precedent or used for determining how the ATO will apply the law in other cases.

Ruling

Subject: Foreign employment income

Question and answer

Are the salary and wages you earn, while working as an official for the organisation, exempt from tax in Australia?

Yes.

This ruling applies for the following period

Year ending 30 June 2015

Year ending 30 June 2016

Year ending 30 June 2017

Relevant facts and circumstances

You are employed by an organisation as an official.

You have a fixed term appointment.

Relevant legislative provisions

Income Tax Assessment Act 1936 Section 6-5(2)

Income Tax Assessment Act 1997 Section 6-15

Income Tax Assessment Act 1997 Section 6-20

International Organisations (Privileges and Immunities) Act 1963

subsection 3(1)

subsection 5(1)

Part 1 of Fourth Schedule

paragraphs 1,2,3,4,5 and 6 of Part 1 of the Fifth Schedule

Specialised Agencies (Privileges and Immunities) Regulations 1986

regulation 3

subregulation 8(1)

Reasons for decision

Subsection 6-5(2) of the ITAA 1997 provides that the assessable income of an Australian resident includes ordinary income derived from all sources, whether in or out of Australia, during the income year.

Income from professional services is ordinary income for the purposes of subsection 6-5(2) of the ITAA 1997.

However, subsection 6-15(2) of the ITAA 1997 says that if an amount is exempt income then it is not assessable income.

Section 6-20 of the ITAA 1997 provides that an amount of ordinary income is exempt income if it is made exempt from income tax by a provision of the ITAA 1997 or another Commonwealth law.

The International Organisations (Privileges and Immunities) Act 1963 (IO(P&I)A) is a Commonwealth law under which an international organisation, and persons engaged by it, may be accorded certain privileges and immunities including an exemption from tax.

Subsection 5(1) of the IO(P&I)A provides that the Specialised Agencies (Privileges & Immunities) Regulations 1986 (SA(P&I) Regs) may declare an organisation to be an organisation to which the IO(P&I)A applies.

Subsection 3(1) of the IO(P&I)A defines the term 'international organisation to which this Act applies' to mean an organisation that is declared by the regulations to be an international organisation to which the IO(P&I)A applies, and includes a body established by such an organisation.

Regulation 3 of the SA(P&I) Regs says that each Specialized Agency is an international organisation to which the IO(P&I)A applies, therefore the organisation is an international organisation to which the IO(P&I)A applies.

Entitlement to exemption under the IO(P&I)A depends on whether you were engaged as an independent consultant or as a person who held an office in the organisation.

You have confirmed that you are employed as an official.

Under subregulation 8(1) of the SA(P&I) Regs a person who holds an office, other than a high office, in a Specialized Agency such as the organisation, has the privileges and immunities specified in Part I of the Fourth Schedule to the IO(P&I)A, including income tax exemption on salaries and emoluments received from the organisation. You are entitled to the privileges and immunities specified in Part 1 of the Fourth Schedule to the IO(P&I)A as you have advised that you hold an office in the organisation.

Accordingly, the income derived by an Australian resident taxpayer as holder of an office with the organisation is not assessable.