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This edited version has been archived due to the length of time since original publication.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: 1051423727114

Date of advice: 31 August 2018

Ruling

Subject: Residency

Question

Are you a non-resident for taxation purposes?

Answer

Yes. After considering your facts, The Commissioner is satisfied that you are not an Australian resident for taxation purposes for the financial year ended 30 June 20XX. As your circumstances may change in the future, you will need to reapply for a binding ruling for any future financial years.

This ruling applies for the following period:

30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are a citizen of an overseas country.

You are currently in Australia on a partner visa.

You own a property overseas.

You have enrolled you child in school overseas.

You intend to return overseas once your matrimonial affairs are concluded.

You are not currently working; you resigned from your job overseas.

Relevant legislative provisions

Income Tax Assessment Act 1997 subsection 6(1)

Income Tax Assessment Act 1997 subsection 995-1(1)