ATO Interpretative Decision
ATO ID 2004/233 (Withdrawn)
Foreign Exchange: translating exempt salary and wage income into Australian currency
FOI status: may be released
||This ATO ID is withdrawn because it contains a view in respect of a provision of the Income Tax Assessment Act 1936 which was modified by the introduction of subsection 23AG(1AA), effective from 1 July 2009. Guidance on the translation rules for converting foreign currency to Australian dollars can be found at the following Translation (conversion) rules (QC 17061).
||This document has changed over time. View its history.
Status of this decision: Decision withdrawn 25 August 2017.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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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.
Will an individual taxpayer be required to translate the value of salary and wage income that is exempt under subsection 23AG(1) of the Income Tax Assessment Act 1936 (ITAA 1936) into Australian currency at the exchange rate prevailing on the day of its receipt under section 960-50 of the Income Tax Assessment Act 1997 (ITAA 1997)?
Yes. An individual taxpayer will be required to translate the value of salary and wage income that is exempt under subsection 23AG(1) of the ITAA 1936 into Australian currency at the exchange rate prevailing on the day of its receipt in accordance with subsection 960-50(6) of the ITAA 1997.
The taxpayer is an Australian resident who has been working in New Zealand for a New Zealand company for 12 months.
The taxpayer receives salary and wages income which is paid in New Zealand currency (NZD) into a bank account held in New Zealand.
On 1 September 2003 the taxpayer's employer deposits NZD 5,000 salary into the taxpayers account. This income is exempt under subsection 23AG(1) of the ITAA 1936.
The taxpayer derives the income on a cash basis.
Reasons for Decision
Subsection 6-5(2) of the ITAA 1997 provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources, whether in or out of Australia, during the income year.
Subsection 6-15(2) of the ITAA 1997 provides that if an amount is exempt income it is not included in assessable income. Section 11-15 of the ITAA 1997 lists those provisions dealing with income which may be exempt. Included in this list is section 23AG of the ITAA 1936 which deals with overseas employment income.
Section 6-20 of the ITAA 1997 specifies that an amount of ordinary income is exempt income if it is made exempt from income tax by a provision of the ITAA 1997 or another Commonwealth law.
The taxpayer's salary and wage income is exempt under subsection 23AG(1) of the ITAA 1936. The earnings are thus ordinary income that is exempt income in accordance with subsection 6-20 of the ITAA 1997.
Section 960-50 of the ITAA 1997, which applies generally from 1 July 2003, requires that an amount in a foreign currency is to be translated into Australian currency for the purpose of assessing Australian tax.
The salary and wage income is an amount of ordinary income that is to be translated into Australian currency for Australian tax purposes under subsection 960-50(1) and paragraph 960-50(2)(a) of the ITAA 1997. As the taxpayer accounts for the income derived from employment on a cash basis it is derived at the time that it is received.
In accordance with Item 6 of the table at subsection 960-50(6) of the ITAA 1997 the value of the exempt salary and wage income will be translated at the exchange rate prevailing on the date that it is received.
Therefore, an individual taxpayer who derives salary and wage income that is exempt under subsection 23AG(1) of the ITAA 1936 must translate this amount into Australian currency at the exchange rate prevailing on the date that it is received (that is, 1 September 2003) under subsection 960-50(6) of the ITAA 1997.
Note: This ATOID does not take into account regulations which in some circumstances give taxpayers a choice to use an average exchange rate when translating foreign currency amounts into Australian currency.
Date of decision: 9 February 2004
|Year of income:||Year ended 30 June 2004|
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Related ATO Interpretative Decisions
ATO ID 2003/86
Foreign currency translation
Business line: Small Business/Individual Taxpayers
Date of publication: 19 March 2004