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This edited version has been archived due to the length of time since original publication.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: 1051461588886

Date of advice: 04 December 2018

Ruling

Subject: Residency

Question

Are you a resident of Australia for income tax purposes?

Answer

No.

Given regard to your circumstances as a whole and a consideration of the residency tests, it is accepted that you are not a resident of Australia for income tax purposes.

Further information on residency can be found by searching 'QC 33232' on ato.gov.au

This ruling applies for the following period:

Year ended 30 June 2018

The scheme commences on:

1 July 2017

Relevant facts and circumstances

You departed Australia and relocated overseas.

You have obtained long term accommodation overseas and do not have a spouse or any children remaining in Australia. Your accommodation overseas is fully furnished.

You have obtained employment overseas and have worked the whole period that you have there.

You do not have a job waiting for you to return to in Australia.

Since departing overseas, you have never returned to Australia. You also intend to apply for permanent residency overseas once you are eligible.

You have notified the Australian Electoral Commission that you have left Australia indefinitely and you also cancelled your private health insurance due to this move. Along with cancelling your health insurance, all your social and sporting memberships have been cancelled.

You have not been employed by the Commonwealth of Australia at any time and you are not a member or eligible employee of a Commonwealth Superannuation Scheme.

Relevant legislative provisions

Income Tax Assessment Act 1997 subsection 6-5

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

Income Tax Assessment Act 1936 subsection 6(1)