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Edited version of private advice
Authorisation Number: 1052166662839
Date of advice: 11 October 2023
Ruling
Subject: Foreign income
Question
Are the payments you received for providing services to Company A included in your assessable income under section 6-5 of the Income Tax Assessment Act 1997?
Answer
No - as a foreign resident, your assessable income only includes payments of ordinary income to the extent that you derive them from Australian sources. The Commissioner accepts that the payments you received do not have an Australian source.
This private ruling applies for the following period:
Year ending 30 June 20XX.
The scheme commenced on:
1 July 20XX.
Relevant facts and circumstances
You began residing in Country B permanently on X June 20XX.
You signed a contract to provide services to Company A, to commence X July 20XX.
You received payments for providing these services.
You signed a further contract to provide services to Company A, to run consecutively to the contract that commenced on X July 20XX.
You received payments for providing these services.
Your contract concluded on X December 20XX.
All services were conducted remotely by you in Country B.
While conducting these services in Country B, you were a foreign resident.
Relevant legislative provisions
Income Tax Assessment Act section 6-5