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ATO Non Residency Question

Discussion in 'Accounting, Tax & Legal' started by seismic67, 18th Apr, 2010.

  1. seismic67

    seismic67 New Member

    18th Apr, 2010
    I have a question about non residency status with the ATO (Australian Tax Office)

    I left OZ last May BEFORE any annocremnt to changes to the 23AG and due to my work 6 on 6 off, have made the Philippines my home, my only link to OZ is an investment account.

    I spend less than 183 days in the philipines purly due to the nature of my work so I dont pay tax their, however each country we work tax is paied to the host country.

    my problem is, despite the philipines being my home I dont have residency status, but it is where I have made my home, with no intention of returning to OZ

    Will this be suffiecent for non residency status in Australia?
  2. Rob G.

    Rob G. Well-Known Member

    6th Jun, 2007
    Melbourne, VIC
    Despite the fact that your work is of an itinerant nature, you can still have a "permanent place of abode" overseas within the meaning of s.6(1) ITAA36.

    One of the factors to be considered is where you choose to spend your free time.

    Before applying for a private ruling, you should consult a taxation specialist in this area.