Private ruling: Residency
Date of advice: 20 December 2018
Published: April 2019
Ruling period: Year Ending 30 June 2019
Date scheme commenced: 1 July 2018

Ruling: Q1: Are you a resident of Australia for income tax purposes? | A1: Yes. Having considered your circumstances as a whole and the relevant residency tests, you are a resident of Australia for income tax purposes.

Relevant facts and circumstances: You are a citizen of Australia. You will depart Australia in 2019 Over the 2019 financial year you will have been in Australia for greater than 183 days. You have an offer of employment from a company for a fixed term. The company expects that you will apply for a permanent residency by the end of your first year of employment. Your intention is to remain a resident of Australia. You will have an intra-company work permit which will allow an initial period then renewable options at increments for a number of years. You intend to return to Australia for two to four week periods per annum. You intend to suspend your private health insurance during the period of absence You do not intend to remove yourself from the electoral roll or advise Medicare of temporary absence You intend to lodge Australian income tax returns as an Australian resident. You have leased a property in your name. You will have exclusive use of the property. You own your home and will continue to pay the mortgage utilising your offset accounts to address your liability. You will rent your home utilising an external property manager. You have an investment property that will continue to be held and rented out providing you Australian investment income. You will maintain your Australian bank accounts, mortgage account and superannuation accounts. You will place your household and personal effects into storage in Australia whilst in overseas. You will not be advising any Australian financial institution or any Australian companies with whom you have investments that your will be a foreign resident. You will obtain Bank account from the relevant country and purchase a motor vehicle. You have a spouse and children who will accompany you overseas. You are not a member of or a trustee of a Self-managed Superannuation fund. You or your spouse have not been employed by the Commonwealth of Australia and are not eligible to receive superannuation from any Commonwealth superannuation fund.

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