In March 2019 the Board of Taxation delivered to the Treasurer it’s preferred model for simplifying the rules around the determination of individual residency.
The proposed rules aim to modernise our residency rules as they apply to a global economy and workforce.
A two-step approach is favoured:
- Step 1 is to determine whether you have been in Australia for 183 days or more. Id you have been then you are determined to be a resident;
- Step 2 is undertaken for individuals who have not been in Australia for 183 days. In particular these will apply to those both commencing and ceasing a period of residency.
Four objective factors are proposed, a resident will satisfy any two or more of the factors. The four proposed factors are:
- The right to reside in Australia
- Australian Accommodation
- Australian Family
- Australian Economic Connections
In the case of Australian expatriates who are seconded to work overseas an additional overseas employment rule will be applied. If the following three conditions are satisfied then the “Australian expatriate” will be a non-resident for tax purposes:
- The Overseas employment engagement is for a period exceeding two years
- Accommodation is available at the place of employment for the duration of the employment engagement
- The taxpayer returns to Australia for less than 45 days in each income year.
It should be noted these are the recommendations of the Board of Taxation and as yet the government has not made any comment, announcement or provided any draft legislation. It is anticipated that further consultation will be undertaken with those parties that have a specific concern in this area before any firm announcements are made.