Private ruling: Foreign income
Date of advice: 18 September 2019
Published: November 2019
Ruling period: Year ended 30 June 20XX | Year ending 30 June 20XX | Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is the source of your income Country Y and therefore foreign income? | A1: Yes. | Q2: Is the income assessable in Australia? | A2: No.

Relevant facts and circumstances: You are a non-resident of Australia for taxation purposes. You are a resident of Country Y for taxation purposes. You left Australia in the 20XX income year. Your spouse has full-time employment in Country Y. You and your spouse sold your home in Australia. You took your belongings including your car to Country Y. Your children are enrolled in school in Country Y. You are currently renting a property in Country Y. You intend on purchasing a house in Country Y. You have cancelled your health insurance in Australia. You have taken out health insurance in Country Y. You have removed your name from the electoral roll in Australia. You have continued your work with your Australian employer, with a work from home arrangement. You are required to return to Australia for work meetings. In the 20XX income year while you were in Country Y you were in Australia for XX days for work purposes.

Relevant legislative provisions: Income tax Assessment Act 1997 section 6-5.