Private ruling: Determination of deductible amount of UPP of a foreign pension or annuity
Date of advice: 9 May 2016
Published: June 2016
Ruling period: Year ended 30 June 2016 onwards
Date scheme commenced: 1 June 2015

Ruling: Q1: Are you entitled to a deductible amount in respect of your foreign pension? | A1: Yes

Relevant facts and circumstances: This ruling is based on the facts stated below. 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. Where there is no variation, the ruling can apply for more than just the period/s mentioned above. • You are resident of Australia for income tax purposes • You have provided a statement from the fund to assist the Commissioner in determining the amount of your personal contributions • Your pension commenced on 1 June 20XX and is payable for life • You currently receive 100% of the pension and on your death it reverts to your spouse • The pension is reversionary • The residual capital value of the pension is nil. • Your pension is paid on a monthly basis.

Relevant legislative provisions: Income Tax Assessment Act 1936 Section 27H | Income Tax Assessment Act 1936 Subsection 27H(2) | Income Tax Assessment Act 1936 Subsection 27H(3) Other references | Taxation Determination TD 2006/17 | Important information to note | The deductible amount can only be included in your tax return if you have declared your pension income. When including these amounts, they should be translated to Australian currency using the same exchange rate. More information about exchange rates is available from our website by entering 'QC 16583' in the search box on the top right of the page.

Reasons for decision: Summary: The part of your annual pension or annuity income which represents a return to you of your personal contributions is free from tax. The tax-free portion is called the deductible amount It is calculated by dividing the UPP of your pension by either the term of the pension (if fixed), or a life expectancy factor - that applies to you or your spouse if they have a greater life expectancy - according to life expectancy statistics. The Australian life tables are published by the Australian Government Actuary, and the life expectancy is taken from when the pension first became payable. The annual deductible amount is calculated using the following formula: A (B - C) D A = relevant share of the pension payable to you (if all the pension is payable to you then A = 1) B = is the amount of the UPP of the pension C = is the residual capital value (if any) D = is the relevant number | Detailed Reasoning - This ruling applies for the following period:: Year ended 30 June 2016 onwards | Detailed Reasoning - The scheme commenced on:: 1 June 2015 | Detailed Reasoning - Relevant facts and circumstances: This ruling is based on the facts stated below. 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. Where there is no variation, the ruling can apply for more than just the period/s mentioned above. • You are resident of Australia for income tax purposes • You have provided a statement from the fund to assist the Commissioner in determining the amount of your personal contributions • Your pension commenced on 1 June 20XX and is payable for life • You currently receive 100% of the pension and on your death it reverts to your spouse • The pension is reversionary • The residual capital value of the pension is nil. • Your pension is paid on a monthly basis. | Detailed Reasoning - Relevant legislative provisions: Income Tax Assessment Act 1936 Section 27H Income Tax Assessment Act 1936 Subsection 27H(2) Income Tax Assessment Act 1936 Subsection 27H(3)