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LukeBri(Newbie)Newbie
20 Nov 2022

Can anyone advise how a defined benefit from MilitarySuper (CSC) will be taxed in a country with a Double Tax Agreement?


I am reaching my preservation age soon and am planning to retire in Spain which has a DTA with Australia. I plan to take my employer benefit as a pension indexed at CPI.


The determining factor seems to be whether the pension is considered a “government pension” or a “superannuation income stream.”


The DTA and some Spanish accounting websites I’ve read state that Government pensions / pensions paid by former government employees are generally not assessable in Spain. But it seems that this differs country to country. Appreciate the advice!

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JodieR_ATO(Community Support)Community Support
23 Nov 2022

Hi @LukeBri,


If you're a foreign resident receiving a military pension/income stream, you'll need to report it on your return. You can check the Tax treaty to determine if you need to report it in Spain. There's also information on the webpage in regards to Dept' of Veteran Affairs service pension. The type of pension you can receive and the way it's taxed depends on a no' of factors. There's also information if you're an overseas resident.


If you have further questions after using the links, please let us know.

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Most helpful reply

JodieR_ATO(Community Support)Community Support
23 Nov 2022

Hi @LukeBri,


If you're a foreign resident receiving a military pension/income stream, you'll need to report it on your return. You can check the Tax treaty to determine if you need to report it in Spain. There's also information on the webpage in regards to Dept' of Veteran Affairs service pension. The type of pension you can receive and the way it's taxed depends on a no' of factors. There's also information if you're an overseas resident.


If you have further questions after using the links, please let us know.

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Tax on MilitarySuper Defined Benefit living overseas | ATO Community