Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
Talkintax(Initiate)Initiate
21 Aug 2022

My mother, an Australian tax resident, receives an aged and widows pension from Spain. During this financial year they withheld tax for a few months until we submitted a certificate of residency from the ATO. Is this pension to be included as part of her taxable income in Australia and if so, can she claim the full tax withheld as a foreign tax credit offset?


Thank you.

2,178 views
1 replies
2,178 views
1 replies

Most helpful response

Most helpful reply

GabbyATO(Community Support)Community Support
22 Aug 2022

Hi @Talkintax,


Most foreign pensions and annuities are taxable in Australia, even if tax was withheld by the country from which the payment came. These payments are generally considered taxable income.


She may be able to claim a foreign income tax offset if:

  • the country from which the foreign pension or annuity came withheld tax from the payment
  • she was not entitled to seek a refund of the foreign tax from that country
  • the foreign pension or annuity is also taxable in Australia.

I would recommend looking at our page on foreign pensions and annuities for 2022 for some more information.

All replies

Most helpful reply

GabbyATO(Community Support)Community Support
22 Aug 2022

Hi @Talkintax,


Most foreign pensions and annuities are taxable in Australia, even if tax was withheld by the country from which the payment came. These payments are generally considered taxable income.


She may be able to claim a foreign income tax offset if:

  • the country from which the foreign pension or annuity came withheld tax from the payment
  • she was not entitled to seek a refund of the foreign tax from that country
  • the foreign pension or annuity is also taxable in Australia.

I would recommend looking at our page on foreign pensions and annuities for 2022 for some more information.

Loading
Foreign pension - when is it not taxable? | ATO Community