Private ruling: Temporary resident
Date of advice: 5 August 2025
Published: 7 October 2025
Ruling period: Year ended 30 June 20YY
Date scheme commenced: 1 July 20YY

Ruling: Q1: Are you a temporary resident of Australia for taxation purposes pursuant to section 995-1 of the Income Tax Assessment Act 1997 (ITAA 1997)? | A1: Yes.

Relevant facts and circumstances: Your country of origin is Country A, and you are a citizen of Country A. You are not a citizen of Australia. On DDMM20YY, you first entered Australia. You entered Australia on a visa issued to Country A citizens arriving in Australia on a valid Country A passport. On DDMM20YY, you departed Australia and travelled through various countries. On DDMM20YY, you returned to Australia and commenced full time employment. You travel to Country A to visit family and friends. Your partner is a citizen and a tax resident of Australia. Your partner lives and works in Australia. You and your partner are not married or in a de facto relationship and you do not have any joint financial arrangements, bank accounts, or assets. You have a Country A bank account. You hold shares in Country A listed companies. You participate in a Country A retirement scheme. You do not intend to apply for permanent residency or citizenship in Australia. During the income year, you held and transacted in Cryptocurrency assets, including Bitcoin. You disposed of some Bitcoin, which you converted to Australian dollars and withdrew the proceeds. You retained a portion of these holdings.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 995-1 | Income Tax Assessment Act 1997 subdivision 768-R

Reasons for decision: Summary: A temporary resident is defined in subsection 995-1(1) of the ITAA 1997. You are a temporary resident if: • you hold a temporary visa granted under the Migration Act 1958; and • you are not an Australian resident within the meaning of the Social Security Act 1991 ; and • your spouse is not an Australian resident within the meaning of the Social Security Act 1991 . Under the Social Security Act 1991 , an Australian resident is generally a person who resides in Australia and is either an Australian citizen or the holder of a permanent resident visa. Application to your circumstances: In your case, from the date of your arrival in Australia, you were not an Australian resident within the meaning of the Social Security Act 1991 as you were not an Australian citizen, the holder of a permanent visa or a protected special category visa holder. As such, you are a temporary resident as defined in section 995-1 of the ITAA 1997 from the date of your arrival. Subdivision 768-R of the ITAA 1997 provides that where you are a resident of Australia for taxation purposes and also meet the requirements to be a temporary resident of Australia, you will be subject to the following temporary resident rules: • Any income you earn from an overseas source will not be taxed in Australia except income earned from employment performed overseas for short periods while you are a temporary resident. • Any capital gain you make from a capital gains tax event that relates to an asset that is not taxable Australian property will not be taxed in Australia. • Special rules apply to capital gains on shares and rights acquired under employee share schemes.