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Ramone_sp(Enthusiast)Enthusiast
29 July 2024

Hi,

I'm currently on temp 820 partner visa, will be granted the permanent 801 most likely in 2025 at some stage while I'm offshore. I'll be moving to my home country permanently with my Australian wife and child in September. The ATO online tool suggests I'll be non resident from date of departure, however my wife will be spending more then 183 days in Australia this year. I'm trying to work out what my tax residency will be but the rules are not clear!

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523 views
1 replies

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Most helpful replyATO Certified Response

AshleyATO(Tax Time Tech Expert)Tax Time Tech Expert
ATO Certified Response31 July 2024

Hi @Ramone_sp


Have a read of this article - Working out your tax residency and what it means for you | ATO Community as this may answer some of your questions.


If you are coming to Australia or going overseas, you may need to work out your residency for tax purposes. You can use the residency tests to work out if you’re an Australian resident for tax purposes or a foreign or temporary resident for tax purposes. For more information see Your tax residency.

 

You may also wish to apply for a private ruling to obtain an answer as to your tax residency. Here is information on Applying for a private ruling as well as the supporting information you can provide to determine your residency status.

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Most helpful replyATO Certified Response

AshleyATO(Tax Time Tech Expert)Tax Time Tech Expert
ATO Certified Response31 July 2024

Hi @Ramone_sp


Have a read of this article - Working out your tax residency and what it means for you | ATO Community as this may answer some of your questions.


If you are coming to Australia or going overseas, you may need to work out your residency for tax purposes. You can use the residency tests to work out if you’re an Australian resident for tax purposes or a foreign or temporary resident for tax purposes. For more information see Your tax residency.

 

You may also wish to apply for a private ruling to obtain an answer as to your tax residency. Here is information on Applying for a private ruling as well as the supporting information you can provide to determine your residency status.

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Leaving Australia tax residency clarification | ATO Community