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This edited version has been archived due to the length of time since original publication.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 private advice

Authorisation Number: 1051652102632

Date of advice: 26 March 2020

Ruling

Subject: Taxation of pension income

Question

Will the Australian government service pension you receive on retirement be assessable in Australia?

Answer

No. An article in the relevant agreement for the avoidance of double taxation with respect to taxes on income and fringe benefits and the prevention of fiscal evasion states that pensions (including government pensions) and other similar periodic remuneration that are paid to a resident of a Contracting State are only taxable in that State.

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are a citizen and resident of Country Z.

You previously worked and lived in Australia for approximately X years.

Over 20 years ago you returned to Country Z to live and work.

You are now preparing to retire.

Further issues for you to consider

It is not compulsory to declare your Tax File Number to a financial institution or superannuation fund however there may be tax consequences if you do not, generally this will result in you being taxed at the highest marginal rate.

You should contact the relevant organisation to discuss the specifics of your situation with them.

Relevant legislative provisions

Income Tax Assessment Act 1997 Subsection 6-5(2)