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Edited version of private advice
Authorisation Number: 1052362397475
Date of advice: 14 February 2025
Ruling
Subject: Assessable income
Question 1
Is the amount you received from the Benefits Scheme income in Australia?
Answer 1
No.
Based on the information provided to the Commissioner the amount you received from the Benefits Scheme is not assessable in Australia as you are a temporary resident who holds a temporary visa, and neither you nor your spouse are residents under the Social Security Act 1991.
Your pension income received from the Benefits Scheme is foreign-sourced income and therefore not assessable in Australia Subdivision 768-R of the Income Tax Assessment Act 1997 (ITAA 1997).
This ruling applies for the following period:
Year ended 30 June 202X
The scheme commenced on:
1 July 202X
Relevant facts and circumstances
You moved to Australia with your spouse from Country Z.
You and your spouse have been living in Australia on a continuous basis.
You are on a Special Category visa.
The visa is not a protected Special Category visa.
You are not an Australian resident within the meaning of the Social Security Act 1991.
Your spouse is not an Australian resident within the meaning of the Social Security Act 1991.
You received a lump sum payment from the Benefits Scheme.
Relevant legislative provisions
Income Tax Assessable Act 1997 Subdivision 768-R
Social Security Act 1991