| Disclaimer 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: 1052178807144
Date of advice: 18 October 2023
Ruling
Subject: Assessable income
Question
Are the scholarship payments you received from overseas assessable income?
Answer
No.
Ordinary income received by temporary residents of Australia from a foreign source is not assessable income in Australia. Therefore, the scholarship payments you received from overseas while a temporary resident of Australia are not assessable.
This ruling applies for the following period:
Year ended 30 June 20XX
The scheme commenced on:
1 July 20XX
Relevant facts and circumstances
On XX XX 20XX you were granted a temporary visa (subclass 408) and became a temporary resident of Australia.
On XX XX 20XX you came to Australia.
From XX XX 20XX to XX XX 20XX, you were enrolled as a student overseas. During this time, you received monthly scholarship payments.
You paid overseas taxes on the scholarship payments.
On XX XX 20XX you commenced a 3-year employment contact with XXXX).
On XX XX 20XX you obtained a temporary visa (subclass 482) sponsored under your employment contract with XXXX.
Your employment in Australia is not related to your scholarship.
You gained your employment through a public recruitment process.
You intend to return overseas at the end of your 3-year contact with XXXX.
From XX 20XX you became a resident of Australia for tax purposes.
Relevant legislative provisions
Income Tax Assessment Act 1997 subsection 6-5(2)
Income Tax Assessment Act 1997 section 768-910
Income Tax Assessment Act 1997 subsection 995-1(1)