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This edited version has been archived due to the length of time since original publication.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: 1051653813843

Date of advice: 1 April 2020

Subject: Residency

Question

Are you a non-resident for tax purposes for the financial years ending 30 June 20XX and 30 June 20XX?

Answer

Yes

This ruling applies for the following periods:

Period ending 30 June 20XX

Period ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are a citizen of Country A, you were born and educated there and worked as a qualified physiotherapist prior to travelling to Country B

You left Country A in March 20XX to work in Country B

You travelled on a visa that allowed you to stay in Country B two years.

You entered Country B on a Youth Mobility Scheme.

You intended to remain longer if an extension to your visa could be obtained. To that end you approached a hospital for sponsorship. You then received an offer of a position with another institution.

You met and were engaged to a resident of Country B.

Your offer of sponsorship was withdrawn in July 20XX.

Subsequently your relationship ended and you returned to Country A, August 20XX.

If not for your sponsorship ending, you would have stayed in Country B.

During the period you were working in the Country B you only returned to Country A for family reasons (Christmas and a funeral)

You notified the electoral commission and your bank that you were living in Country B.

You did not lodge any income tax returns.

You have never been employed by the Commonwealth Public Service and are not a member of the Public Sector Superannuation Scheme or eligible in respect of the Commonwealth Superannuation Scheme.

Relevant legislative provisions

Income Tax Assessment Act 1936 Subsection 6(1)