What This Determination Covers

TD 2012/8 is an ATO tax determination that explains which types of temporary absences count as part of a continuous period of foreign service for the foreign earnings tax exemption under section 23AG of the Income Tax Assessment Act 1936.

It matters mainly for businesses that post Australian resident employees overseas on deployments, since it affects whether those employees' foreign income is exempt from Australian tax.

Absences That Count Toward Foreign Service

Sick leave or leave due to accident or illness, whether of the employee or another person, has no cap on how much can count as foreign service. This is unlike recreation leave, which is capped to the amount accrued during the deployment.

Absences That Break the Continuous Period

Long service leave, furlough, extended leave, maternity leave and parental leave do not count as foreign service regardless of when they accrued.

Application

The determination applies both before and after its date of issue, meaning it already reflects the ATO's current position, not a future change.

Key Actions

This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.