Disclaimer This edited version has been archived due to the length of time since original publication.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 private advice
Authorisation Number: 1051597741937
Date of advice: 1 November 2019
Ruling
Subject: Residency
Question
Are you a resident of Australia for income tax purposes?
Answer
Yes. Having considered your circumstances as a whole and the relevant residency tests, you are 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 2019
The scheme commences on:
1 July 2018
Relevant facts and circumstances
You were born in Country W.
You are a citizen of Country W and Australia.
You have been a citizen of Australia for a number of years.
You own an investment property in Australia.
You have investments with numerous public listed companies in Australia.
Your family lives in Australia.
You live with your family in Australia.
You do not work in Australia.
You do not work outside Australia.
You are not a resident of any other country for taxation purposes.
You do not pay tax in any other country.
You spent XXX days in Australia in the 2019 income year.
You travelled to Country X, Country Y and Country Z on holiday staying in hotels and a long term rental for XXX days in the 2019 income year.
You do not have any assets in any other country.
You are not eligible to contribute to the relevant Commonwealth superannuation funds.
Relevant legislative provisions
Income Tax Assessment Act 1997 Subsection 995-1(1)