Edited version of private advice

Authorisation Number: 1012638701674

Ruling

Subject: Residency

Question 1

Are you a resident of Australia for taxation purposes?

Answer

Yes

This ruling applies for the following period

Year ending 30 June 2015

The scheme commences on

1 July 2014

Relevant facts and circumstances

You travelled to an overseas country and have been there since.

Throughout your time as a resident in Australia you have maintained your professional accreditation in the overseas country.

You are required to undergo a validation process in the overseas country to maintain your professional accreditation.

Your revalidation must be completed in the overseas country and you are waiting for the finalisation of this.

Your spouse will not be employed while you are in the overseas country.

Since arriving in the overseas country you have stayed in a rental property where you will continue to stay here until you depart.

Your main residence is in Australia. You have let the property out since your departure and are planning to continue this arrangement until your return.

The majority of your assets are in Australia, including a rental property, land under development, and household effects which you will store in a shed and two shipping containers located on your property.

You have social connections in Australia through your membership in local sporting clubs and attendance at musical groups.

You and your spouse have a self-managed superannuation fund. The assets of the self-managed superannuation fund are in Australia.

You and your spouse are the directors of the Corporate Trustee of the self-managed superannuation fund.

Relevant legislative provisions

Section 995-1(1) of the Income Tax Assessment Act 1997

Subsection 6(1) of the Income Tax Assessment Act 1936

Section 6-5 of the Income Tax Assessment Act 1997

Reasons for decision

An Australian resident for tax purposes is defined in subsection 995-1(1) of the Income Tax Assessment Act 1997 (ITAA 1997) as a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (ITAA 1936). The terms resident and resident of Australia, in regard to an individual, are defined in subsection 6(1) of the ITAA 1936, which provides four tests to ascertain whether a taxpayer is an Australian resident for income tax purposes. These tests are:

1. The resides test;

2. The domicile test;

3. The 183 day test; and

4. The superannuation test.

Your residency

Under the domicile test, a person is a resident of Australia if their domicile is in Australia unless the Commissioner is satisfied they have a permanent place of abode outside of Australia.

Your domicile of origin is an overseas country. You have acquired a new domicile of choice in Australia when you elected to become an Australian citizen and reside in Australia permanently or indefinitely. You did not acquire a new domicile of choice by moving to the overseas country for the purpose of undergoing a revalidation process of your fitness as a professional practitioner.

In regards to permanent place of abode:

• You travelled to the overseas country for the express purpose of maintaining your professional accreditation. Once this is complete, you have an intention of returning to Australia with your spouse.

• You have arranged a rental property in the overseas country, although this is expressly related to your employment in the overseas country.

• Your main residence and the majority of your assets are in Australia.

• You have strong social and familial connections in Australia.

Based on the reasons discussed above, the Commissioner is not satisfied that you will have a permanent place of abode while in the overseas country. Therefore, you will remain a resident of Australia under this test for the period you are overseas.