Residency

Non-binding edited private advice. This is an edited version of private advice the ATO gave to a specific taxpayer about their own circumstances. You cannot rely on it — it is not binding and provides no protection for anyone else (see PS LA 2008/4). Use it as a guide to the ATO’s thinking, not as authority.

Are you a temporary resident of Australia?

Yes. Based on the information provided to the Commissioner you meet the definition of a temporary resident of Australia. Subdivision 768-R of the Income Tax Assessment Act 1997 (ITAA 1997) outlines specific rules regarding individuals who satisfy the definition of a "temporary resident". Subsection 995-1(1) of the ITAA 1997 defines a temporary resident as follows: You are a temporary resident if: (a) you hold a temporary visa granted under the Migration Act 1958 ; and (b) you are not an Australian resident within the meaning of the Social Security Act 1991 ; and (c) your spouse is not an Australian resident within the meaning of the Social Security Act 1991 . You and your spouse have entered Australia on a subclass 444 visa and neither you nor your spouse are Australian residents within the meaning of the Social Security Act 1991 . You are a temporary resident of Australia. This ruling applies for the following period : Year ended 30 June 20xx Year ended 30 June 20xx The scheme commenced on: 1 July 20xx

You are a resident of Australia for taxation purposes. You and your spouse moved to Australia from Country Z. You and your spouse entered Australia on a specific visa. You are not an Australian resident within the meaning of the Social Security Act 1991 Your spouse is not an Australian resident within the meaning of the Social Security Act 1991

Income Tax Assessment Act 1936 subsection 6(1) Income Tax Assessment Act 1997 section 995-1 Income Tax Assessment Act 1997 Subdivision 768-R