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Just wondering if anyone can give me the low down on how the ATO determines if you are an Australian resident for tax purposes or not. I couldn't find any specific guidelines on the ATO website and their questionnaire tool was inconclusive.
Say if I rent out my PPOR, how long can I live overseas before I am not longer an Australian resident for tax purposes?
Reason for my question is the ability to make use of the tax free thresholds.
"resident or resident of Australia" means:
(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 the person's 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 the person's usual place of abode is outside Australia and that the person does not intend to take up residence in Australia; or
(iii) who is:
(A) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(B) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(C) the spouse, or a child under 16, of a person covered by sub-subparagraph (A) or (B); and
(b) a company which is incorporated in Australia, or which, not being incorporated in Australia, carries on business in Australia, and has either its central management and control in Australia, or its voting power controlled by shareholders who are residents of Australia.
I also don't get what you mean by "make use of the tax free thresholds". As an Australian non-resident, you get slugged more tax on any Australian income - though don't pay tax on any foreign earnings.
For many people it?s the ultimate dream ? ditching cubicle life for the freedom of the open road, without worrying about running out of money.
For a growing number of tech-savvy entrepreneurs, or ?digital nomads?, making a decent living wherever there?s Wi-Fi has become a happy reality.
We speak to three enterprising types who have managed to create a work/life balance with a difference.
1) put everything into storage, rent out PPOR, combined with investment income from Aussie assets (taxable income), I will be able to travel indefinitely across low cost countries....but would like to retain as a resident for tax purposes. In effect a mini retirement for ideally 1-5 years, meanwhile continue to let my assets compound, before coming back. I have the impression that the ATO will only allow this for roughly a year or so before having to come back otherwise will be classified as non resident.
I've got two scenarios in mind.
1) put everything into storage, rent out PPOR, combined with investment income from Aussie assets (taxable income), I will be able to travel indefinitely across low cost countries....but would like to retain as a resident for tax purposes. In effect a mini retirement for ideally 1-5 years, meanwhile continue to let my assets compound, before coming back. I have the impression that the ATO will only allow this for roughly a year or so before having to come back otherwise will be classified as non resident.
2) don't rent out PPOR and fly back every few months so in effect i am taking lots of overseas holidays, in order to retain residency (costly and prohibitive). I'd probably have to work 6-9 months in a year to be able to afford to travel for 3 months.
How do others do it?
The latest quarterly ASFA retirement standard report - published this month by the Association of Superannuation Funds of Australia (ASFA) - provides a valuable insight into the impact of rising living costs on retirees.
The report calculates that a retired, home-owning couple needs to spend $58,326 a year to pay for a so-called "comfortable" standard of living - up by $1131 over the 12 months to September. And a couple would need a superannuation balance of about $510,000, in addition to a part age pension, to finance such a lifestyle.
The impact of rising living costs on retirees highlights the need to save as much as possible before retirement and to have an appropriate exposure to growth assets during retirement to help keep inflation at bay.
Super fund members often seek financial planning advice in their countdown to retirement regarding the diversification of their super and non-super portfolios for retirement, the creation of a retirement income stream for retirement and entitlements to an age pension.
ASFA's report calculates the cost of financing a "modest" and a "comfortable" standard of living in retirement. What ranks as a "modest" or "comfortable" living standard is, of course, highly debatable.
"A comfortable retirement lifestyle," says the report, "enables an older, healthy retiree to be involved in a broad range of leisure and recreational activities ?" This certainly does not amount to an extravagant standard of living - far from it.
What a retiree regards as an acceptable standard of living much depends upon personal circumstances and personal expectations.
And in Australian news