Individual tax residency rules will be simplified by introducing a new primary test that deems individuals as Australian tax residents if they are physically present in Australia for at least 183 days during the tax year (July 1- June 30) period, regardless of the person’s broader circumstances. Where the primary test is not met,certain secondary tests will apply based on a combination of physical presence and measurable, objective criteria. Even if an individual is a tax resident of Australia under Australian law, a tie-breaker provision of a double tax agreement may give the result that the individual is instead treated as a tax resident of another country during a particular income year.
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How does Australia's change in tax residency rules apply to foreigners?
I've heard that Australia has changed its tax residency rule which is expected to come into effect from July 1. Would it apply to foreigners who are staying in the country on business/investor related visas?
Answers
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The proposed rules are recommendations made by the Board of Taxation. However, the government has said that the new framework will be based on these recommendations. It is unlikely that any changes will take effect from July 1, 2021, as the new legislation is yet to be released.