ATO Interpretative Decision
ATO ID 2001/224 (Withdrawn)
Rental Income of Non-Resident
FOI status: may be released
Status of this decision: Decision withdrawn 22 September 2017.
|CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.|
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Whether the income derived by the taxpayer, a non-resident of Australia, from a rental property located in Australia is assessable pursuant to subsection 6-5(3) of the Income Tax Assessment Act 1997 (ITAA 1997).
Yes, the taxpayer is assessable on the rental property income under subsection 6-5(3) of the ITAA 1997.
The taxpayer is a non-resident of Australia for taxation purposes and owns a residential property in Australia from which he derives rental income.
Reasons for Decision
Subsection 6-5(3) of the Income Tax Assessment Act 1997 (ITAA 1997) provides that if you are not a resident of Australia for taxation purposes your assessable income includes the ordinary income you derived directly or indirectly from all sources within Australia during the income year.
Income derived from the letting or renting of a residential property is ordinary income, that is, income according to ordinary concepts.
As a non-resident, the taxpayer is therefore assessable on the rental income derived in Australia.
This is also consistent with Australia's Double Tax Agreements with other countries under which income from real property may be taxed in the country in which the property is situated.
Date of decision: 1 June 2001
Income Tax Assessment Act 1997
International Tax Agreements Act 1953
Non resident individuals
Rental property income
Siebel/TDMS Reference Number: DW202097
Business Line: Small Business/Individual Taxpayers
Date of publication: 21 August 2001
|ATO ID 2001/224 (Withdrawn) history