Private ruling: Pension income
Date of advice: 11 November 2024
Published: 13 January 2025
Ruling period: 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
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is your Australian pension assessable in Australia under the double tax agreement? | A1: 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. | Q2: Are you required to lodge an Australian tax return for the future years? | A2: 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.

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