Private ruling: Undeducted Purchase Price (UPP) of your foreign pension
Published: June 2013
Ruling period: 1 July 2011 to 31 December 2011
Date scheme commenced: On or after 1 July 1983

Ruling: Q1: Are you entitled to a deductible amount in respect of the undeducted purchase price (UPP) of your foreign pension? Ruling Yes, you are entitled to an annual deductible amount in respect of the UPP of you foreign pension.



Reasons for decision: Summary: Your part year deductible amount has been calculated in accordance with the Taxation Ruling that provides for an alternative calculation of the deductible amount under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936). | Detailed Reasoning - How the annual deductible amount is calculated: Section 27H of the Income Tax Assessment Act 1936 (ITAA 1936) operates to include in assessable income the amount of any pension derived by a taxpayer during a year of income reduced by the deductible amount. The deductible amount is calculated based on the undeducted purchase price (UPP). The UPP is the amount you contributed towards the purchase price of your pension for which you did not claim, and were not eligible to claim, a tax deduction in Australia. Contributions made by an employer or by another person under an agreement to which the employer was a party, cannot form part of the UPP of the pension. Each year a portion of the UPP can be used to reduce the pension income in your tax return. This is called the deductible amount and is deemed to be a return of part of your contribution towards the purchase of the pension. There is a Taxation Ruling which considers the taxation treatment of certain overseas pensions received by Australian residents. The ruling states that for a part of a foreign pension to be exempt from Australian tax, the pension must be paid by a foreign superannuation or retirement fund and the pension must be purchased by contributions to the fund and identified as such by the fund. Your pension meets these requirements. Therefore, you are entitled to a deductible amount of the UPP of your pension for the 2011-12 financial year. The ruling states that in recognition of the difficulties for pensioners in obtaining information relating to their contributions to the overseas fund, it has been decided to accept that the portion of the pension identified by the overseas fund as being derived from the contributions made by the pensioner (reduced by 10% to reflect the interest element in that component of the pension) is the annual exclusion amount. The deductible amounts for your pension has been calculated in accordance with the relevant formula. Note: Please do not use this amount for earlier or future financial years as the deductible amount varies from year to year based on the contributive amounts for each year. However, you may use the above formula to calculate your deductible amount for each future year based on the information provided by your fund for the two calendar years to cover the relevant Australian financial year. | Detailed Reasoning - Converting foreign currency to Australian currency: For the 2003-04 and subsequent financial years, subsection 960-50(1) of the Income Tax Assessment Act 1997 (ITAA 1997) requires an amount in a foreign currency to be translated into Australian currency. Subsection 960-50(4) of the ITAA 1997 further requires any foreign currency elements in a calculation to be translated before the final amount is worked out. In accordance with the currency translation rules contained in section 960-50 of the ITAA 1997 and clarified in Taxation Determination TD 2006/54 Income tax: how does a taxpayer work out the amount to be included in assessable income under section 27H of the Income Tax Assessment Act 1936 for a superannuation pension or annuity that is payable in a foreign currency?, pensions received in foreign currency should be translated to Australian currency on the following basis: 1. if the amount is received at or before the time when it is derived - the amount is to be translated to Australian currency at the exchange rate applicable at the time of receipt; or 2. in any other case - the amount is to be translated to Australian currency at the exchange rate applicable when it is derived. As a general rule, the deductible amount is translated to Australian currency using the same exchange rate applying to the pension. Alternatively, regulation 960-50.01 of the Income Tax Assessment Regulations 1997 (ITR 1997) and Schedule 2 to the ITR 1997 allow pensions received in foreign currency and the deductible amount to be translated to Australian currency at the average exchange rate for the financial year. This is provided the conditions outlined in Schedule 2 to the ITR 1997 are satisfied. Where the pension is received as a series of payments made over the course of a financial year, and provided the average exchange rate is considered a reasonable approximation of exchange rates, the conditions outlined in Schedule 2 to the ITR 1997 will be satisfied. In your case, as you received your pension payments on a monthly basis, it is accepted that you are entitled to use the average exchange rate for the year. The average exchange rates are available from our superannuation information line on 13 10 20 or visit our website at ato.gov.au/super . | Detailed Reasoning - Important information to note: If you choose to rely on this private ruling, when lodging your income tax return for the 2011-12 financial year, you may include the part year deductible amount of the UPP as advised by your private ruling. Please note that the deductible amount should only be included if you have declared your pension income.

Relevant facts: · You are a resident of Australia for income tax purposes. | · You received a pension from a retirement fund established and managed outside Australia. | · The international tax agreement between Australia and the country in which the retirement fund is established and managed provides that the pension is taxable in Australia. | · Your assessable income includes your pension income. | · The pension is payable for life and on your death reverts to your spouse. | · All the pension is payable to you. | · You receive your pension on a monthly basis. | · There is a Taxation Ruling that provides for an alternative calculation of the deductible amount under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936). | Assumptions: This ruling is given on the basis of the facts stated in the description of the scheme as set out above. Any material variation from these facts (including any matters not stated in the description above and any departure from these facts) will mean that the ruling will have no effect. Examples of such variations include but are not limited to commutation, divorce and re-marriage. No entity will then be able to rely on this ruling as the Commissioner will consider that the scheme has been implemented in a way that is materially different from the scheme described. | Relevant legislative and regulatory provisions: Income Tax Assessment Act 1936 Section 27H | Income Tax Assessment Act 1936 Subsection 27H(2) | Income Tax Assessment Act 1936 Subsection 27H(3) | Income Tax Assessment Act 1936 Subsection 27H(4) | Income Tax Assessment Act 1997 Section 960-50 | Income Tax Regulations 1936 Regulation 9 | Income Tax Assessment Regulations 1997 Regulation 960-50.01