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Edited version of your written advice
Authorisation Number: 1013050327624
Date of advice: 12 July 2016
Ruling
Question
Are you entitled to a deductible amount in respect of your foreign pension?
Answer
Yes.
Reasons for Decision
The part of your annual pension or annuity income which represents a return to you of your personal contributions is free from tax. The tax-free portion is called the deductible amount.
The Australian life tables are published by the Australian Government Actuary, and the life expectancy is taken from when the pension first became payable.
A (B-C)
D
A = relevant share of the pension payable to you (if all the pension is payable to you then A = 1)
B = is the amount of the UPP of the pension
C = is the residual capital value (if any)
D = is the relevant number
It is calculated by dividing the UPP of your pension by either the term of the pension (if fixed), or a life expectancy factor - that applies to you or your spouse if they have a greater life expectancy - according to life expectancy statistics.
Relevant facts and circumstances
You are resident of Australia for income tax purposes
The pension is reversionary
The residual capital value of the pension is nil.
Your pension is paid on a monthly basis.
Assumptions
No assumptions have been used in this ruling as it is given on the basis of the facts and circumstances stated above.
Relevant legislative provisions
Income Tax Assessment Act 1936 Section 27H
Income Tax Assessment Act 1936 Subsection 27H(2)
Income Tax Assessment Act 1936 Subsection 27H(3)
Other references:
Taxation Determination TD 2006/17
Taxation Determination TD 2006/54
Taxation Determination TD 2006/72
Important information to note
The deductible amount can only be included in your tax return if you have declared your pension income. When including these amounts, they should be translated to Australian currency using the same exchange rate. More information about exchange rates is available from our website by entering 'QC 16583' in the search box on the top right of the page.