Private ruling: Tax offsets
Date of advice: 21 June 2023
Published: 7 August 2023
Ruling period: Year ended 30 June 2022
Date scheme commenced: 1 July 2021

Ruling: Q1: Are you eligible for the Tax Offset? | A1: Yes.

Relevant facts and circumstances: You reside in Country Z. You are a non-resident resident for taxation purposes. Your Australian income consists of rental income and bank interest. The combined rebate income for you and your spouse is under the $83,580 threshold for the relevant income year You satisfy the requirement for the Centrelink pension. You have several years qualifying Australian residence. You have been an Australian resident for pension purposes. You have not applied for the aged pension even though you meet all the eligibility conditions.

Relevant legislative provisions: Income Tax Assessment Act 1936 section 160AAAA

Reasons for decision: Summary: You may be eligible to claim the tax offset if you meet the conditions. Combined rebate income includes an amount in respect of which a trustee of a trust estate is liable to be assessed (and pay tax) under section 98 of the ITAA 1936. You meet the requirements and are therefore eligible for the offset. Please note: we are not specialists in social security and this is not a ruling on your eligibility to the pension. We accept the facts provided to us by you and have ruled accordingly.