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Edited version of private advice
Authorisation Number: 1051580797509
Date of advice: 18 September 2019
Ruling
Subject: Foreign income
Question 1
Is the source of your income Country Y and therefore foreign income?
Answer
Yes.
Question 2
Is the income assessable in Australia?
Answer
No.
This ruling applies for the following periods:
Year ended 30 June 20XX
Year ending 30 June 20XX
Year ending 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You are a non-resident of Australia for taxation purposes.
You are a resident of Country Y for taxation purposes.
You left Australia in the 20XX income year.
Your spouse has full-time employment in Country Y.
You and your spouse sold your home in Australia.
You took your belongings including your car to Country Y.
Your children are enrolled in school in Country Y.
You are currently renting a property in Country Y.
You intend on purchasing a house in Country Y.
You have cancelled your health insurance in Australia.
You have taken out health insurance in Country Y.
You have removed your name from the electoral roll in Australia.
You have continued your work with your Australian employer, with a work from home arrangement.
You are required to return to Australia for work meetings.
In the 20XX income year while you were in Country Y you were in Australia for XX days for work purposes.
Relevant legislative provisions
Income tax Assessment Act 1997 section 6-5.