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Edited version of private advice
Authorisation Number: 1051842402174
Date of advice: 1 June 2021
Ruling
Subject: Taxation of pension
Question
Are your pension payments assessable in Australia?
Answer
No. The Double Tax Agreement (DTA) between Country Z and Australia states:
Pensions (including government pensions) and annuities paid to a resident of a Contracting State shall be taxable only in that State.
Therefore, the Australian pensions you receive will only be taxable in Country Z.
This ruling applies for the following periods:
Year ending 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You left the Country Z Army in 20XY.
You arrived in Australia with your spouse and child in 20XY and joined the Australian Army.
You were medically discharged from the Army.
You returned to Country Z with your spouse.
Your income includes 2 pension payments.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 6-5
Income Tax Assessment Act 1997 subsection 995-1