Private ruling: Lump sum payment from a foreign superannuation fund
Date of advice: 24 January 2017
Published: July 2017
Ruling period: Income year ended 30 June 20YY
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is any part of the lump sum received by a person (the Taxpayer) from an overseas pension scheme (the Scheme) assessable as applicable fund earnings under section 305-70 of the Income Tax Assessment Act 1997 (ITAA 1997)? | A1: Yes

Relevant facts and circumstances: The Taxpayer became a resident of Australia on a date several years ago (the Residency Date). The Taxpayer is a member of the Scheme. The trustee of the Scheme is unable to determine the amount in the Scheme that was vested in the Taxpayer on the day just before the Residency Date. In the 20XX-YY income year, the Taxpayer received a lump sum superannuation benefit from the Scheme. No contributions were made into the Scheme by, or in respect of, the Taxpayer after they became a resident of Australia. No amounts were transferred into the Scheme from other foreign superannuation funds after the Taxpayer became a resident of Australia. The Scheme is a foreign superannuation fund for the purposes of Subdivision 305-B of the ITAA 1997. Assumptions The amount in the Scheme that was vested in the Taxpayer on the day just before the Residency Date is an estimated amount. This amount was calculated by reducing the value of the Taxpayer's interest in the Scheme as at the date of payment of the lump sum by the Consumer Price Index (CPI) and the Retail Price Index (RPI). The Commissioner considers, and the Taxpayer has agreed, that it is reasonable to assume that the value of the Taxpayer's interest in the Scheme on the day just before the Residency Date is the estimated amount.

Relevant legislative provisions: Income Tax Assessment Act 1997 Subdivision 305-B | Income Tax Assessment Act 1997 section 305-60 | Income Tax Assessment Act 1997 section 305-70 | Income Tax Assessment Act 1997 section 305-75 | Income Tax Assessment Act 1997 section 960-50 | Income Tax Assessment Act 1997 subsection 995-1(1)

Reasons for decision: Summary: A portion of the lump sum superannuation benefit received by the Taxpayer from the Scheme should be included in the Taxpayer's assessable income for the 20XX-YY income year as the applicable fund earning amount in respect of the lump sum. | Detailed Reasoning - Lump sum payments from foreign superannuation funds: Tax treatment of lump sums received from certain foreign superannuation funds is set out in Subdivision 305-B of the ITAA 1997. If a person receives a lump sum payment from a foreign superannuation fund more than six months after the person becomes a resident of Australia, section 305-70 of the ITAA 1997 applies to include the 'applicable fund earnings' (if any) in the person's assessable income. The Taxpayer became a resident of Australia and received a lump sum superannuation benefit more than six months after becoming a resident of Australia. As the Taxpayer received the lump sum more than six months after becoming a resident of Australia, section 305-70 of the ITAA 1997 applies to the lump sum received so that the amount of applicable fund earnings (if any) in respect of the lump sum is included in the Taxpayer's assessable income for the 20XX-YY income year. | Detailed Reasoning - Applicable fund earnings: The applicable fund earnings amount is worked out under either subsection 305-75(2) or (3) of the ITAA 1997. Subsection 305-75(2) applies where the person was an Australian resident at all times during the period to which the lump sum relates. Subsection 305-75(3) applies where the person becomes an Australian resident after the start of the period to which the lump sum relates. As the Taxpayer became an Australian resident after the start of the period to which the lump sum relates, the applicable fund earnings amount is, in this case, worked out in accordance with subsection 305-70(3) of the ITAA 1997, which states: If you become an Australian resident after the start of the period to which the lump sum relates, the amount of your applicable fund earnings is the amount (not less than zero) worked out as follows: (a) work out the total of the following amounts: (i) The amount in the fund that was vested in you just before the day (the start day ) you first became an Australian resident during the period; (ii) the part of the payment that is attributable to contributions to the fund made by or in respect of you during the remainder of the period; (iii) the part of the payment (if any) that is attributable to amounts transferred into the fund from any other *foreign superannuation fund during the period; (b) subtract that total amount from the amount in the fund that was vested in you when the lump sum was paid (before any deduction for *foreign tax); (c) multiply the resulting amount by the proportion of the total days during the period when you were an Australian resident; (d) add the total of all previously exempt fund earnings (if any) covered by subsections (5) and (6). *To find definitions of asterisked terms, see the Dictionary, starting at section 995-1. The effect of section 305-75 of the ITAA 1997 is that the Taxpayer is assessed only on the income they earned on their benefits in the Scheme during the relevant period. Earnings made during periods of non-residency, and contributions and transfers into the Scheme, do not form part of the taxable amount when the lump sum benefit is paid. | Detailed Reasoning - Foreign currency conversion: Subsection 960-50(1) of the ITAA 1997 states that an amount in a foreign currency is to be translated into Australian dollars (A$). The applicable fund earnings is the result of a calculation from two other amounts and subsection 960-50(4) of the ITAA 1997 states that when applying section 960-50 of the ITAA 1997 to amounts that are elements in the calculation of another amount you need to: ● first, translate any amounts that are elements in the calculation of other amounts (except special accrual amounts); and ● then, calculate the other amounts. In ATO Interpretative Decision ATO ID 2015/7 Income tax/Superannuation Foreign currency translation rules in working out 'applicable fund earnings' under section 305-75 of the ITAA 1997 , the Commissioner considered the foreign currency translation rules in relation to lump sum transfers from foreign superannuation funds. The Commissioner determined that it is reasonable to use the exchange rate applicable at the time of receipt of the lump sum to work out the Australian dollar equivalent of the amount in a foreign superannuation fund vested in a taxpayer on a certain date. Therefore, for the purposes of section 305-70 of the ITAA 1997, the applicable fund earnings amount in respect of the lump sum received from the Scheme should be calculated by deducting the Australian dollar equivalent of the amount vested in the Taxpayer on the day before the Residency Date from the amount vested in the Taxpayer on the day of receipt. Both amounts should be translated using the exchange rate applicable on the day of receipt. | Detailed Reasoning - Calculation of the applicable fund earnings amount: The calculation of the applicable fund earnings for the lump sum received from the Scheme is shown in the table below. As discussed above, any amounts in foreign currency are translated into Australian dollars using the exchange rate (available on our website) applicable on the day of receipt. | Detailed Reasoning - A: The agreed estimated value of the Taxpayer's interest in the Scheme on the day just before the Residency Date X | Detailed Reasoning - B: Part of the lump sum attributable to contributions to the Scheme 0.00 | Detailed Reasoning - C: Part of the lump sum attributable to amounts transferred from foreign funds into the Scheme 0.00 | Detailed Reasoning - A + B + C: (The step outlined in paragraph 305-75(3)(a) of the ITAA 1997) X | Detailed Reasoning - E: Amount in the Scheme vested in the Taxpayer when the lump sum was paid X | Detailed Reasoning - E - D: (The step outlined in paragraph 305-75(3)(b) of the ITAA 1997) X | Detailed Reasoning - G: The proportion of the total days during the period of which the Taxpayer was an Australian resident. 1 | Detailed Reasoning - H: Previously exempt fund earnings (if any) 0.00 | Detailed Reasoning - I: F x G + H = Applicable Fund Earnings (The steps outlined in paragraphs 305-75(3)(c) and 305-75(3)(d) of the ITAA 1997) X Therefore, the applicable fund earnings amount in respect of the lump sum payment received by the Taxpayer during the 20XX-YY income year that should be included in the Taxpayer's assessable income for the 20XX-YY income year is the amount at item I of the table above.