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This edited version has been archived due to the length of time since original publication.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 your written advice

Authorisation Number: 1051424680687

Date of advice: 4 September 2018

Ruling

Subject: Residency

Question

Are you a resident for tax purposes?

Answer

No. You do not pass the primary test for tax residency, the ‘resides test’, as you are living and working in Country AA.

This ruling applies for the following period:

30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are working in Country AA.

You are renting a flat in Country AA.

Your current visa allows you to work in Country AA for a period of up to XX years.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 6-5