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This edited version has been archived due to the length of time since original publication.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: 1051641272132

Date of advice: 05 March 2020

Ruling

Subject: Income tax

Question

Were you a resident of Australia for the purposes of section 6(1) of the Income Tax Assessment Act 1936 for the 20XY and 20XZ income years?

Answer

No

This ruling applies for the following period:

Year ended 30 June 20XY

Year ended 30 June 20XZ

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You received a private ruling authorisation number XXXXXXXXXXXXX for the 20XX year in relation to the same question.

The facts for the 20XY and 20XZ income years remain the same as those for private ruling authorisation number XXXXXXXXXXXXX.

You have provided details of when you visited Australia during the relevant income year.

Relevant legislative provisions

Income Tax Assessment Act 1936, subsection 6(1)

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

Reasons for decision

While these reasons are not part of the private ruling, we provide them to help you to understand how we reached our decision.

As the relevant facts and circumstances are substantially the same as those for the 20XX income year, the reasons for the decision remain the same as those for private ruling authorisation number XXXXXXXXXXXXX.