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    ATO Data Matching and Tax Evasion

    Did you hold the shares at the time you became a non-resident ? If so, did you elect to defer capital gains at the time of change of residency by treating them as taxable Australian property ? If yes to both, then the share capital losses might be able to be offset against the gain on the...
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    ATO Data Matching and Tax Evasion

    The 183 day test is for visitors who are not residents under the default common law test. This test is irrelevant for a resident who departs during a year.
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    ATO Data Matching and Tax Evasion

    You had me going there ! However, to be sure I went back to check s.6(1) ITAA36 and there it still is !
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    ATO Data Matching and Tax Evasion

    So you have never been a resident before or a double tax agreement deems you solely a resident of another country/countries. Well then, you don't have to pay Australian tax on your HK/Indonesian/Thai income. You wouldn't have paid Australian CGT on Australian shares. You chose to hold...
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    ATO Data Matching and Tax Evasion

    Won't work ? Nobody explained that to the Federal or High Court. Or maybe you fell foul of a double tax agreement between Australia and your other country of residence. If you had made the capital gain on Australian shares then there would have been no tax as a non-resident (unless they...
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    ATO Data Matching and Tax Evasion

    A few long trips overseas and non-filing does not make you a non-resident. If you have ever been a resident, then even minor and infrequent visits to Australia can maintain your residence under common law depending on the circumstances. Then it is down to any double tax agreement if you...
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