Private ruling: Residency
Published: November 2012
Ruling period: Year ending 30 June 2013 | Year ending 30 June 2014 | Year ending 30 June 2015 | Year ending 30 June 2016
Date scheme commenced: 1 July 2012

Ruling: Q1: Are you a resident of Australia for taxation purposes? | A1: No.

Relevant facts and circumstances: You have been living with your spouse overseas for a number of years. You have no intentions on coming back to Australia to live. You purchased a property overseas in which you reside with your spouse. You have worked since leaving to live overseas in a number of jobs. During the income years for which you have requested this ruling, you have spent less than 183 days in Australia. All travel is done under your Australian passport. You have a property in Australia that your parents live in and you intend to sell this as soon as your parents no longer need to live there. You are not eligible to contribute to a Commonwealth Superannuation Scheme.

Relevant legislative provisions: Income Tax Assessment Act 1936 Subsection 6(1) | Income tax Assessment Act 1997 Section 6-5 | Income Tax Assessment Act 1997 Subsection 995-1(1)

Reasons for decision: Summary: To understand your tax situation, you must first work out whether you are an Australian resident for tax purposes. Australian residents are generally taxed on their worldwide income and non-residents are generally taxed only on their Australian-sourced income. The definition of 'resident' within tax law provides four tests to ascertain whether a taxpayer is a resident of Australia for income tax purposes. These tests are: · the resides test · the domicile test · the 183 day test · the superannuation test You do not meet any of the above tests and are not a resident of Australia for tax purposes. The factsheet Residency - what you need to know provides details of the above residency tests and may be obtained from our website www.ato.gov.au .

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.