Private ruling: Assessable income
Date of advice: 14 February 2025
Published: 24 March 2025
Ruling period: Year ended 30 June 202X
Date scheme commenced: 1 July 202X

Ruling: Q1: Is the amount you received from the Benefits Scheme income in Australia? | A1: 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).

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