| Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051506447406
Date of advice: 16 April 2019
Ruling
Subject: Residency for taxation purposes
Question
Did you cease being a resident of Australia for income tax purposes on 3 July 2018?
Answer
Yes. Having considered your circumstances as a whole and the residency tests, it is accepted that you were a resident of Australia for income tax purposes until you moved overseas and no longer satisfy any of the residency tests. Further information on residency can be found by searching 'QC33232' 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 were born in Country Z.
You hold citizenship and passports for Country Y and Australia.
The Australia citizenship was obtained some years ago.
One of your parents lives in Australia and the other in Country Z.
You lived in Australia for several years until you departed late 20XX.
You left Australia to study in Country X.
Prior to your arrival in the Country X you spent some time travelling and visiting family overseas.
You arrived in the Country X in mid 20XY.
You currently live in a rented apartment in Country X.
You intend to study overseas for a number of years.
You have both an Australian and overseas bank account.
You do not have any other assets in Australia other than the bank account.
You have not advised any financial institutions that you are a foreign resident.
You have an individual health insurance policy in Australia that has been suspended until you return.
You have student health and travel insurance while in the Country X.
You are not eligible to contribute to the PSS or the CSS Commonwealth superannuation funds.
Relevant legislative provisions
Income Tax Assessment Act 1936 Subsection 6(1)
Income Tax Assessment Act 1997 Subsection 995-1(1)