Private ruling: Residency
Date of advice: 22 November 2018
Published: February 2019
Ruling period: Year ending 30 June 20XX | Year ending 30 June 20XX | Year ending 30 June 20XX | Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Are you a resident of Australia for income tax purposes? | A1: No Having considered your circumstances as a whole and the residency tests, it is accepted that you are not a resident of Australia for income tax purposes. Further information on residency can be found by searching 'QC 33232' on ato.gov.au

Relevant facts and circumstances: Your country of origin is Country X. Prior to 20XX you travelled to Australia on a tourist visa for short periods of time. You arrived in Australia on XX January 20XX on a subclass 188 Business innovation and Investment (Provisional) visa - Significant investor stream. As part of this visa requirement you were required to invest AUD5 million in complying significant investments in Australia, it allows you to stay in Australia for up to 4 years and 3 months and you must first be nominated by an Australian state or territory government. As part of this requirement you invested money in Western Australia State Bonds. This visa expired on XX July 20XX and you are currently on a bridging visa. You have applied for a Business Innovation Stream 888 Visa, this visa lets holders of the Business Innovation and Investment (Provisional) visa (subclass 188) continue business activities in Australia indefinitely. You were in Australia for XX days in the 20XX financial year, XXX days in the 20XX financial year, XXX days in the 20XX financial year, XX days in the 20XX financial year and XXX days in the 20XX financial year. You received interest income during the financial years in question after 10% non-resident withholding tax was deducted from your investment income. You earned no other income in Australia. You do not own property in Australia. You stay with family when visiting Australia. Your main residence and other assets are in Country X. You are not employed overseas or in Australia. You do not have an Australian driver’s licence or private health insurance. Your friends and relatives and other social activities are in Country X. Your reason for being in Australia is to assist family during times of need. It is not your intention to live permanently in Australia in the foreseeable future. You are not a member of the PSS or CSS Superannuation funds.

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