Private ruling: Residency
Date of advice: 24 June 2020
Published: August 2020
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 non-resident of Australia for income tax purposes from mid 20XX? | A1: Yes. 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: You were born in Country Z. You hold Australian and Country Z citizenship. You married your spouse in Country Z during 20XX. You and your spouse have several children who all live independently. You lived in Country Z from mid 20XX to early 20XX. You lived in Country Y from early 20XX to mid 20XX. You left Australia on mid 20XX. You hold permanent residency status in Country Y and can reside there indefinitely. You have an apartment in Country Y. You and your spouse have investments, bank accounts and credit cards in Country Y. You intend to transport your pet and personal possessions to Country Y. You own and have an interest in several properties in Australia which are, or will be, tenanted. You are the director and shareholder of several companies. Rent from the properties will be dealt with via an Australian bank account that you will keep open. You hold a portfolio of Australian listed shares and an interest in a capital investment fund. You have an interest in property in Country Z. You will cancel your Australian health insurance and obtain private insurance on arrival in Country Y. You are going to advise the Australian Electoral Commission that your name should be removed from the Australian electoral roll. You intend to visit Australia once or twice a year to visit family. You have family and friends living in Country Z and Country Y.

Relevant legislative provisions: Income Tax Assessment Act 1936 subsection 6(1).