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Edited version of private advice
Authorisation Number: 1052328214028
Date of advice: 11 November 2024
Ruling
Subject: Pension income
Question 1
Is your Australian pension assessable in Australia under the double tax agreement?
Answer
No.
You are a resident of the Country A receive an Australian pension from the Australian government. Paragraph (1) of Article 17 provides that an Australian sourced pension paid to an individual who is a resident of Country A shall not be taxable in Australia.
Therefore, your Australian-sourced pension is not assessable in Australia.
Question 2
Are you required to lodge an Australian tax return for the future years?
Answer
No.
While you do not have any assessable income to declare in Australia you do not need to lodge a tax return unless tax has been withheld by your superannuation provider.
This ruling applies for the following periods:
Year ending 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
The scheme commenced on:
1 July 20XX
Relevant facts and circumstances
You lived in Australia for XX years.
You did not become an Australian citizen.
You returned to the Country A in XX to live there permanently.
You have not been a tax resident of Australia at any time since XX.
You have been a tax resident and citizen of the Country A since XX.
Your only Australian source income is a pension.
Your circumstances have not changed.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 6-5
Income Tax Assessment Act 1997 section 6-10
International Tax Agreements Act 1953 section 4