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Edited version of private advice
Authorisation Number: 1051663099057
Date of advice: 28 April 2020
Ruling
Subject: Public payments
Question
Are the payments you receive for your relatives from a foreign country assessable income?
Answer
No. Based on the information you have supplied the operation of the double tax agreement between Australia and the foreign country makes the payment not subject to tax in Australia. It is not included in your income tax return.
This ruling applies for the following period:
Income year ending 30 June 2020
Income year ending 30 June 2021
Income year ending 30 June 2022
Income year ending 30 June 2023
The scheme commences on:
1 July 2019
Relevant facts and circumstances
You are an Australian.
You are in receipt of regular public payments from the foreign country for your relatives. It is not taxable in the foreign country.
You moved to Australia with the relatives. The relatives hold permanent resident status.
You will continue to receive the payments until your relatives reaches a certain age.
You have provided copies of documents from the foreign country's government to support your application.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-5