Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 768.910

  (1)   The following are * non - assessable non - exempt income:

  (a)   the * ordinary income you * derive directly or indirectly from a source other than an * Australian source if you are a * temporary resident when you derive it;

  (b)   your * statutory income (other than a * net capital gain) from a source other than an Australian source if you are a temporary resident when you derive it.

This subsection has effect subject to subsections   (3) and (5).

Note:   A capital gain or loss you make may be disregarded under section   768 - 915.

  (2)   For the purposes of paragraph   (1)(b):

  (a)   if you have statutory income because a particular circumstance occurs, you derive the statutory income at the time when the circumstance occurs; and

  (b)   if you have statutory income because a number of circumstances occur, you derive the statutory income at the time when the last of those circumstances occurs.

Exception to subsection   (1)

  (3)   However, the following are not * non - assessable non - exempt income under subsection   (1):

  (a)   the * ordinary income you * derive directly or indirectly from a source other than an * Australian source to the extent that it is remuneration, for employment undertaken, or services provided, while you are a * temporary resident;

  (b)   your * statutory income (other than a * net capital gain) from a source other than an Australian source to the extent that it relates to employment undertaken, or services provided, while you are a temporary resident;

  (c)   an amount included in your assessable income under Division   86.

Note:   This subsection only makes an amount not non - assessable non - exempt income under subsection   (1). It does not prevent that amount from being non - assessable non - exempt income under some other provision of this Act or the Income Tax Assessment Act 1936 .