Private ruling: Foreign income
Published: September 2013
Ruling period: Year ending 30 June 2011, | Year ending 30 June 2012.
Date scheme commenced: 1 July 2010.

Ruling: Question and answer | Are the salary and allowances you earned while employed overseas exempt from income tax in Australia? | Yes.

Relevant facts and circumstances: You are an Australian resident for income tax purposes. You are being deployed to work in an overseas country for a continuous period that is greater than 91 days. You are employed by an Australian Government Department. You will be engaged in foreign employment for more than 91 continuous days. Your earnings from the overseas country were not exempt from tax in the overseas country only because of any of the reasons listed in section 23AG(2) of the Income Tax Assessment Act 1936 (ITAA 1936). The overseas country normally taxes salary and wage income. There is no taxation treaty between the Australian Government and the overseas country.

Relevant legislative provisions: Income Tax Assessment Act 1936 Section 23AG | Income Tax Assessment Act 1936 Section 23AG(1) | Income Tax Assessment Act 1936 Section 23AG(1AA) | Income Tax Assessment Act 1936 Section 23AG(2)

Reasons for decision: Summary: Subsection 23AG(1) of the Income Tax Assessment Act 1936 (ITAA 1936) provides that foreign earnings are exempt from income tax where all of the following requirements are satisfied: · you are a resident of Australia and a natural person, · you are engaged in foreign service, · the foreign service is for a continuous period of at least 91 days, · you derive foreign earnings from that foreign service, · the foreign service is directly attributable to an activity that is listed in subsection 23AG(1AA) of the ITAA 1936, and · the foreign earnings are not exempt from income tax in the foreign country only because of one of the reasons listed in subsection 23AG(2) of the ITAA 1936. Given a consideration of the whole arrangement, it is accepted that you meet the above criteria and the income referable to your foreign service is exempt from income tax in Australia. | Detailed Reasoning - For your information: If a taxpayer has income in a financial year which is only partially exempt, there is a requirement to apportion the income. Salary and wages which are not exempt foreign earnings should be declared as normal at Salary and wages when lodging. Tax withheld should be declared in full. Any excess PAYGW credits will be refunded automatically. Foreign earnings exempt under section 23AG of the ITAA 1936 need to be included as exempt foreign salary and wage income in your Australian tax return. These amounts are taken into account in calculating the tax payable on other income derived by a taxpayer. This method of calculation, referred to as exemption with progression, prevents the exempt income from reducing the Australian tax payable on the other income. It is advisable to include a note with lodgment, explaining the method of calculation and reference any applicable private rulings for the periods.