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Edited version of private advice
Authorisation Number: 1051640068352
Date of advice: 12 May 2020
Ruling
Subject: Double tax agreements and pension income
Question
Does the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the MLI) have any impact on Articles X, Y and Z of the Agreement between the Government of Australia and the Government of County A for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains (the DTA)?
Answer
No.
There were no relevant changes to the application of Articles X, Y and Z of the DTA and the MLI.
Question
Is the Commonwealth Superannuation Scheme (CSS) pension income taxable in Australia?
Answer
No.
On the basis that:
· you are a resident of Country A, for the purposes of Article X of the DTA, and
· the pension is subject to tax in Country A, for the purposes of Article Y of the DTA, then pursuant to Article W of the DTA, the pension will continue to be taxable only in Country A.
This ruling applies for the following periods:
Year ending 30 June 20XX
Year ending 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You are a resident of Country A for the purposes of Article X of the DTA.
You will receive pension from the CSS.
You will remit your pension from CSS to Country A.
You will pay tax on the pension in Country A.
Relevant legislative provisions
International Agreements Act 1953