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Edited version of private advice
Authorisation Number: 1051966578235
Date of advice: 28 March 2022
Ruling
Subject: Pension income
Question
Does Australia have the sole taxing rights under Article 17 of the DTA between Australia and Country Z on your Australian and Country Z pensions?
Answer
Yes.
Based on the information provided to the Commissioner Australia has the sole taxing rights on your Australian and Country Z pensions under Article 17 of the DTA between Australia and Country Z.
Both the Centrelink and Country Z pensions are taxable in Australia.
This ruling applies for the following period:
Year ended 30 June 2018
Year ended 30 June 2019
Year ended 30 June 2020
Year ended 30 June 2021
Year ending 30 June 2022
Year ending 30 June 2023
Year ending 30 June 2024
Year ending 30 June 2025
Year ending 30 June 2026
The scheme commences on:
1 July 2017
Relevant facts and circumstances
You are a resident of Australia for taxation purposes.
You are in receipt of a Centrelink Aged pension.
Your spouse died several years ago.
You then started to receive a pension from Country Z.
You receive the pension from your deceased's spouse's superannuation fund. It is not paid under social security legislation.
The Country Z authorities tax your pension.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 6-5
International Tax Agreements Act 1953 section 5