Comasters Law Firm and Notary Public | Australian Taxation (Residence Rules)
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Australian Taxation (Residence Rules)

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Australia’s tax jurisdiction is based upon the residence of the taxpayer and their source of income. These principles are utilised in Section 6-5 of the Income Tax Assessment Act 1997 (“ITAA 1997”) which provides:

 

The assessable income of a taxpayer shall include:

  1. for resident taxpayers – the gross income derived directly or indirectly from all sources whether in or out of Australia; and
  2. for non-resident taxpayers – the gross income derived directly or indirectly from all sources in Australia.

 

The effect of the law is to bring into the assessable income of resident taxpayers their worldwide income, and for non-resident taxpayers their Australian sourced income only. It is therefore important when determining tax liability to make decisions regarding residence.

 

Section 995-1 of the ITAA 1997 provides that the meaning of an ‘Australian resident’ is defined in section 6(1) of the Income Tax Assessment Act 1936 (“ITAA 1936”), which provides the tests of residence for individuals. They are particularly important for migrants to determine whether they are residents for taxpaying purposes. The four relevant tests of residence for individuals are:

  1. an individual is regarded as a resident if he/she has been in Australia for more than one half of the year of income (ie. more than 183 days).
  2. an individual is a resident of Australia if the person’s usual place of residence is in Australia and he/she maintains a home in Australia during the absence.
  3. a person is treated as a resident if he/she has an Australian domicile, unless it is held that the person’s permanent place of abode is outside Australia.
  4. the establishment of a proper ‘superannuation fund’ in Australia.

 

Similarly, Section 6 of ITAA 1936 provides three rules for determining whether a company is an Australian resident for taxation purposes. These rules are based on:

  1. the place of incorporation of the company. If the company is incorporated in Australia, it will be treated as an Australian resident.
  2. the place of management and control of the company. If the company carries on business and has its central management and control in Australia, it will be treated as a resident.
  3. shareholders. A company will be treated as a resident of Australia if it carries on business in Australia and has its voting power controlled by Australian resident shareholders.

 

Income Tax Rates

To view Resident and Non-resident tax rates for 2017-2018 to 2019-2020, please view the PDF version of this article.

 

Company Tax

As of 1 July 2003, the Australian company tax rate is 30%.

© Comasters 2001. Revised July 2008.

 

Important: This is not advice. Clients should not act solely on the basis of the material contained in this paper. Our formal advice should be sought before acting on any aspect of the above information.