Should I cease my Australian tax residency if I live abroad?
I'm moving abroad from Australia, but I'd like to know if I can cease my Australian tax residency and how to do it if so.
Watch: Should I cease my Australian tax residency if I live abroad?
Australia has four different residency tests for individuals who are moving abroad from Australia:
- The resides test
- The domicile and permanent place of abode test
- The183 day test
- The Commonwealth superannuation test
Typically, the test most relevant for Australian expats is the domicile and permanent place of abode test. In brief, to break Australian tax residency, an Australian domicile person needs to have established a permanent place of abode outside Australia.
For example, if I fly in and out of Australia for work in Singapore, I'm probably not going to break Australian tax residency because there's nothing permanent about my stay in Singapore. If I take an open-ended position in London where I intend to stay five years, I sign a two-year lease on a property, and my children start attending school in London, then I’ve got a good chance of convincing the Australian Tax Commissioner that I've established a permanent place of abode outside Australia.
Whether or not you want to be a tax resident of Australia comes down to where you’re moving to and what your assets are. Let’s say your asset base is heavy in Australian property. If you’re non-resident in Australia, you’re not going to get the 50% capital gains tax concession. Therefore, this is a significant disadvantage of being non-resident in Australia.
If you move to a high tax jurisdiction such as Canada and remain a resident of Australia, you’ll report your employment income earned in Canada, but probably won't pay any Australian tax as you will claim credit for any Canadian taxes paid. Therefore, being tax resident in Australia doesn't disadvantage you in terms of income tax, and you would still be able to take advantage of the capital gains tax discount on any Australian investment properties. In this circumstance, it is preferable to remain an Australian tax resident.
In choosing whether or not to remain tax resident in Australia, the factors to consider are:
- The domestic laws of both Australia and whichever jurisdiction you move to
- The double tax agreement between Australia and the country you move to
- The type of assets you hold in Australia