Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

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: 4120082643866

Date of advice: 26 May 2020

Ruling

Subject: Australian pension

Question and answer

Is your Australian pension assessable to you while you are a foreign resident?

No.

Having considered your circumstances, it is agreed that your Australian pension is not assessable while you are a foreign resident.

This ruling applies for the following periods:

Year ending 30 June 2021

Year ending 30 June 2022

Year ending 30 June 2023

Year ending 30 June 2024

The scheme commenced on

1 July 2020

Relevant facts

You reside in country Y.

You are over 60 years of age.

You receive Australian pension income.

You are a foreign resident for tax purposes.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 6-5

International Tax Agreements Act 1953