Tax Residency

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Are you an Australian resident for tax purposes? You don't need to be an Australian citizen or a permanent resident to be considered a tax resident. We advise on tax residency and its implications for inbound and outbound individuals.

Under the Australian tax law, residents and non-residents are treated differently. Generally, tax residents are taxed on their worldwide income, while non-residents are taxed on their income earned in Australia. Different marginal tax rates are applicable to non-residents. CGT rules also differ significantly depending on residency.

The difference between resident and non-resident can result in potentially severe financial consequences.

We advise all on tax residency matters, including ATO disputes, complex international issues and corporate residency.

We assist with:

  • individual tax residency;
  • corporate tax residency;
  • disputes with the Australian Taxation Office (ATO);
  • applying double tax agreements between Australia and other jurisdictions;
  • the controlled foreign company (CFC) rules;
  • the transferor trust rules and distributions from foreign trusts;
  • inbound tax planning; and
  • outbound tax planning.

Approach

Our usual approach is to:

  • provide you with a clear and transparent fee quote;
  • discuss your requirements, goals and desired outcomes;
  • work collaboratively with other professional advisors;
  • deliver our work to you in accordance with your wishes; and
  • regularly update you and your professional advisors during the process.

Fill in the form and someone from our team will be in contact shortly.

Can I claim the main residence CGT exemption if I am a non-resident?

From 1 July 2020, non-residents cannot claim the main residence CGT exemption (other than in limited circumstances). This exclusion is based on the individual’s tax residency as at the time of the CGT event. This means if an individual is a foreign resident at the time of the sale, they are not eligible for the main residence CGT exemption, even if they were tax residents previously. However, there is a limited exception to this rule. Under the ‘life event’ exception, if you have been a foreign resident for six years or less, and have experienced one of the following, you may be eligible to claim the main residence CGT exemption:

  • you, your minor child or your spouse experiences a terminal medical condition;
  • your spouse or minor child passes away; or
  • you separate or divorce your spouse.
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