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6 Jan 2025

Dear Sir/Madam,


We have been trying to work out if me and my partner can live overseas for periods of 12 months (then come back to australia for 6mnths, and go back overseas for 12 months, and repeat regularly) and maintain Australian tax resident status. We would rent out our property in Australia and maintain our assets here. I have a sister in Australia and mom and sister in overseas (in the country we intend to travel to), and my partner has her dad and brother in Australia. We would retire and not work. We would stay in my own apartment while overseas and travel around europe every 3-4 months for 1-2 weeks (which is the main reason of moving overseas).


I should add that both my partner and I are Australian citizens. My partner has been living her whole life in Australia and I have been living in Australia for the last 15 years. We would also keep active Australian bank accounts, superannuation, Medicare enrollment, and voter registration.


Can we still be considered Australian residents for tax purposes? Do I need a private ATO ruling to determine this before we leave Australia?


Thanks a lot!

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5 replies
286 views
5 replies

Most helpful response

Most helpful reply

MPrivate(Superuser)Superuser
7 Jan 2025

Hi OverseasTravel,

Your ties with Australia will certainly remain strong, which is important if you intend to be considered a resident here. However, you haven't mentioned whether you plan to return to Australia permanently after the regular in-and-out travel phase. If you have significant assets, you might want to consider obtaining a private ruling from the ATO or advice from a tax specialist based on the detailed facts and circumstances of your situation. This would provide you with greater certainty, especially regarding tax implications on income generated from investments and potential capital gains tax on your assets.


Additionally, have you considered the residency rules in the foreign country where you intend to spend most of your time? It’s crucial to understand how these rules may interact with Australian tax residency, as they could have implications for your tax obligations both in Australia and abroad.

All replies

Most helpful reply

MPrivate(Superuser)Superuser
7 Jan 2025

Hi OverseasTravel,

Your ties with Australia will certainly remain strong, which is important if you intend to be considered a resident here. However, you haven't mentioned whether you plan to return to Australia permanently after the regular in-and-out travel phase. If you have significant assets, you might want to consider obtaining a private ruling from the ATO or advice from a tax specialist based on the detailed facts and circumstances of your situation. This would provide you with greater certainty, especially regarding tax implications on income generated from investments and potential capital gains tax on your assets.


Additionally, have you considered the residency rules in the foreign country where you intend to spend most of your time? It’s crucial to understand how these rules may interact with Australian tax residency, as they could have implications for your tax obligations both in Australia and abroad.

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Regular travel overseas for up to 12 mnths, tax resident? | ATO Community