Private ruling: Pension income
Date of advice: 28 March 2022
Published: June 2022
Ruling period: Year ended 30 June 2018 | Year ended 30 June 2019 | Year ended 30 June 2020 | Year ended 30 June 2021 | Year ending 30 June 2022 | Year ending 30 June 2023 | Year ending 30 June 2024 | Year ending 30 June 2025 | Year ending 30 June 2026
Date scheme commenced: 1 July 2017

Ruling: Q1: Does Australia have the sole taxing rights under Article 17 of the DTA between Australia and Country Z on your Australian and Country Z pensions? | A1: Yes. Based on the information provided to the Commissioner Australia has the sole taxing rights on your Australian and Country Z pensions under Article 17 of the DTA between Australia and Country Z. Both the Centrelink and Country Z pensions are taxable in Australia.

Relevant facts and circumstances: You are a resident of Australia for taxation purposes. You are in receipt of a Centrelink Aged pension. Your spouse died several years ago. You then started to receive a pension from Country Z. You receive the pension from your deceased's spouse's superannuation fund. It is not paid under social security legislation. The Country Z authorities tax your pension.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 6-5 | International Tax Agreements Act 1953 section 5