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An Australian Tax Resident? YES or NO

Writer's picture: SKL AdminSKL Admin

An individual has been successfully arguing that he was not a "resident" of Australia for tax purposes for the 2009 and 2010 income years recently. This was despite being an Australian citizen, maintaining an Australian bank account for his salary, and retaining his house in Queensland.


During the years in question, the taxpayer had signed up with a company to work on a project in Saudi Arabia as a building and construction project manager. The project was expected to last three years and the taxpayer had an expectation that upon completion of the project, he would move on to another project located in Saudi Arabia.


In making various findings of fact, the AAT largely accepted the taxpayer's evidence. It said that the taxpayer's presence in Saudi Arabia "was hardly casual or passing". The AAT accepted that the taxpayer had formed an intention to make Saudi Arabia his home for the duration of the project and beyond.


Providing tax residency requires a detailed carefully examination of various facts and evidences to come to a conclusion.

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