Private ruling: Foreign income - pension
Published: April 2012
Ruling period: Year ending 30 June 2012 | Year ending 30 June 2013 | Year ending 30 June 2014 | Year ending 30 June 2015 | Year ending 30 June 2016
Date scheme commenced: 1 July 2011

Ruling: Q1: Is the pension that you receive from Country X assessable in Australia? | A1: Yes | Q2: If you have made personal contributions to your pension from Country X, are you entitled to a deductible amount of the Undeducted Purchase Price (UPP) of this pension? | A2: Yes

Relevant facts and circumstances: You are an Australian resident for tax purposes. You receive a pension from Country X. Australia has a tax treaty with Country X.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 6-5 | Income Tax Assessment Act 1997 Section 6-10 | Income Tax Assessment Act 1936 Section 27H | Income Tax Assessment Act 1936 Subsection 27H(2) | International Tax Agreements Act 1953 Section 4 | International Tax Agreements Act 1953 Section 5

Reasons for decision: Summary: Sections 6-5 and 6-10 of the Income Tax Assessment Act 1997 (ITAA 1997) provide that the assessable income of an Australian resident includes their ordinary and statutory income derived directly or indirectly from all sources, whether in or out of Australia, during the income year. Superannuation pensions are included in assessable income under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936). In determining the liability of an Australian resident to Australian tax on foreign sourced income, it is necessary to consider not only the Australian tax laws but also any applicable tax treaty. Tax treaties are given the force of law domestically by the International Tax Agreements Act 1953 (the Agreements Act). The Agreements Act states that where there are inconsistencies with an Act imposing Australian tax, the Agreements Act will prevail (except in relation to tax avoidance schemes). Australia has signed a tax treaty with Country X. An article in the tax treaty between Australia and Country X provides that pensions (including government pensions) and annuities paid to a resident of Australia shall be taxable only in Australia. Accordingly, as you are a resident of Australia for tax purposes, the pension that you receive from Country X is required to be included in your assessable income. If you have paid tax in Country X on the pension, you should contact the tax authorities in Country X and request a refund of that tax. You should also inform the payer of your pension from Country X that you are an Australian resident and to discontinue deducting tax. Undeducted Purchase Price The UPP is the amount that you have contributed towards the purchase price of your pension. Subsection 27H(2) of the ITAA 1936 operates to reduce the taxable amount of a pension received by the personal contributions made by a taxpayer for which no income tax deduction was allowed. This applies regardless of whether the fund paying the pension is located in Australia or overseas. As such, the part of a taxpayer's pension which represents a return to them of their personal contributions is free from tax. This tax-free portion is called the deductible amount of the UPP. Therefore, if you have made personal contributions towards your pension from Country X, you may be eligible to claim a deductible amount of the UPP of your pension. This will subsequently reduce the taxable amount of your pension. If you have any questions relating to the UPP deductible amount please contact our Superannuation Information Line on 13 10 20.

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