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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1051558703375

Date of advice: 31 July 2019

Ruling

Subject: Residency for taxation purposes

Question

Are you a resident of Australia for income tax purposes?

Answer

No - having considered your circumstances as a whole and the relevant residency tests, you are not a resident of Australia for income tax purposes.

This ruling applies for the following periods:

Period ending 30 June 2016

Period ending 30 June 2017

Period ending 30 June 2018

Period ending 30 June 2019

The scheme commences on:

1 July 2015

Relevant facts and circumstances

You were born Australia.

You married and travelled with your spouse to country B in 20xx.

You lived in country B from some years.

You then travelled with your spouse to country C.

You have children who were born in country C.

You and your children currently live with your spouse in country C.

Neither you nor your spouse has been a member of any Commonwealth Employee Superannuation Scheme.

You are not currently employed.

Relevant legislative provisions

Section 6(1) of the ITAA 1936


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