Global Pensions Group   International Superannuation and Pension Management
 
 
Global Pensions Group   International Superannuation and Pension Management
 
Knowledge Bank

Are you an Australian tax resident?

Australian tax residents are generally subject to tax on their worldwide income. Therefore it is important for individuals to understand precisely when they become or cease to be an Australian tax resident.

Whether a person is an Australian resident is not always easy to determine and people can be surprised when a full residency analysis is performed.

We have sought to outline some of the basic issues to be considered in determining residency below.

  1. A person will be considered to be an Australian tax resident where the person:
  2. has actually be in Australian during more than 183 days of the year (unless the Commissioner of Taxation is satisfied that their usual place of abode is outside Australia and they do not intend to take up Australian tax residency);
  3. is a member of certain types of federal government schemes or a spouse or child (under 16) of such a member;
  4. ‘resides’ in Australia; or
  5. has a domicile in Australia (unless they have a permanent place of abode outside of Australia).

If any of these tests are satisfied an individual will be an Australian tax resident.

In practice the answer to the first two tests can usually be more easily and objectively determined. However whether a person resides in Australia, is domiciled in Australia or has a permanent place of abode outside of Australia can be a more difficult question.

For example some of the indicators of ‘residing’ in Australia can be as simple as the following:

  • Retaining your Medicare card
  • Retaining utility bills under your name (or your spouse’s name)
  • Retaining your Australian motor vehicles
  • Retaining your Australian family home (not leasing it out)
  • Retaining your Australian memberships (e.g. gym, social clubs, sporting clubs)
  • Retaining your Australian bank account
  • Retaining in the Australian electorate register
  • Retaining your Australian mailing address

Some of the type of actions that would contribute to establishing a permanent place of abode outside of Australia would be:

  • Remaining in the relevant country for a significant period (i.e. 2 or more years)
  • Purchasing a residence or taking out a lease of at least 12 months
  • Establishing local bank accounts
  • Taking out local health insurance
  • Taking up local memberships
  • Having mail delivered to your local address
  • Having your spouse and children residing with you in the foreign country

In determining whether an individual is an Australian resident or not, all circumstances need to be considered on a case by case basis.  As the concept of residency is integral when determining an individual’s tax obligations, it is important that an individual seek appropriate advice to confirm this prior to undertaking material transactions.

This information has been prepared in good faith, is in the nature of general comment only, and neither purports, nor is intended, to be advice on any particular matter.  You should not act or rely upon any matter or information contained in or implied without taking appropriate professional advice which relates specifically to your particular circumstances.  The authors and consultants expressly disclaim all and any liability to any person (whether a reader or not) who acts or fails to act as a consequence of reliance upon the whole or any part of this information.

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