| Disclaimer This edited version has been archived due to the length of time since original publication.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 your written advice
Authorisation Number: 1051230369866
Date of Advice: 26 May 2017
Ruling
Subject: Trust residency
Questions and answers
1. Is the Trust a resident of Australia for taxation purposes?
Yes.
2. Did the Trust become a resident of Australia for taxation purposes in the 2014 income year?
Yes.
3. Is the Trust required to have a tax file number and lodge tax returns in Australia?
Yes.
This ruling applies for the following periods:
Year ended 30 June 2015
Year ended 30 June 2016
Year ending 30 June 2017
Year ending 30 June 2018
Year ending 30 June 2019
Year ending 30 June 2020
The scheme commenced on:
1 July 2014
Relevant facts and circumstances
The trust was formed in the 20XX income year.
The trust holds property.
The trust has a number of Trustees who are residents of Australia for taxation purposes.
The trustees make decisions on behalf of the trust in Australia.
The central management and control of the trust is in Australia.
Relevant legislative provisions
Income Tax Assessment Act 1936 subsection 95(2)
Reasons for decision
Division 6 of the Income Tax Assessment Act 1936 (ITAA 1936) distinguishes between a 'resident trust estate' and a 'non-resident trust estate'. Subsection 95(2) of the ITAA 1936 provides that a trust estate shall be taken to be a resident trust estate in relation to a year of income if:
a) A trustee of the trust estate was a resident at any time during the year of income; or
b) The central management and control of the trust estate was in Australia at any time during the year of income.
Application to your circumstances
In the 20XX income year the trustee of the trust became a resident of Australia for taxation purposes. The majority of the Trust decisions are made in Australia; therefore, the Trust qualifies as a resident of Australia under subsection 95(2) of the ITAA 1936.
The date the Trust became a resident of Australia will be the date the trustee became a resident of Australia for taxation purposes.
Accordingly, the Trust is required to have its own:
● Tax file number, which the trustee uses in lodging income tax returns for the trust, and
● A trustee is required to lodge a trust income tax return, regardless of the amount of income involved, unless exempted by the Commissioner.