PREAMBLE
The purpose of this Ruling is to provide guidelines for determining whether individuals who leave Australia temporarily to live overseas, for example, on temporary overseas work assignments or on overseas study leave, cease to be Australian residents for income tax purposes during their overseas stay. This preamble outlines various matters that are relevant to the content of this Ruling, under appropriate headings.Statutory Definition
2. The terms "resident" and "resident of Australia" are defined in subsection 6(1) of the Income Tax Assessment Act 1936. So far as an individual is concerned, these terms are defined to mean:
"(a) a person, other than a company, who resides in Australia and includes a person-
(i)
whose domicile is in Australia, unless the Commissioner is satisfied that his permanent place of abode is outside Australia;
(ii)
who has actually been in Australia, continuously or intermittently, during more than one-half of the year of income, unless the Commissioner is satisfied that his usual place of abode is outside Australia and that he does not intend to take up residence in Australia; or
(iii)
who is an eligible employee for the purposes of the Superannuation Act 1976 or is the spouse or a child under 16 years of age of such a person; "
3. The above definition, in effect, provides four tests to ascertain whether an individual is a resident:
. residence according to ordinary concepts;
. the domicile and permanent place of abode test;
. the 183 day test; or
. the Commonwealth superannuation fund test.
4. This Ruling focuses on the first two tests referred to in paragraph 3, being the tests most widely applicable to persons who ordinarily reside in Australia but who leave Australia temporarily and are not actually living in Australia during the year of income.
http://law.ato.gov.au/atolaw/view.htm?Docid=ITR/IT2650/NAT/ATO/00001