Best tax lawyers for legal advice on Australian tax residency

Tax residency is an important issue that must be determined for each financial year in Australia.

Australian tax residency is a complex and high risk area for the Australian Taxation Office (ATO). Therefore, you have a higher chance of being audited by the ATO on this issue.

If you incorrectly determine your Australian tax residency, you are looking at heavy penalties under the Australian tax laws. The maximum penalty is 90% of the tax shortfall. Therefore, it is important to get legal advice from an expert tax lawyer to correctly determine your residency for tax purposes.

King Lawyers has extensive experience in providing legal advice on tax residency matters. We have also acted for many clients who have been audited by the ATO on this issue.

The principal of King Lawyers, Navid King, is a former ATO tax auditor and ATO tax lawyer.

Australian tax residency is not the same as Australian citizenship or permanent residency

Being a resident of Australia for tax purposes is different to being a resident of Australia for immigration purposes. Therefore:

  • You may be an Australian tax resident even though you are not an Australian citizen or permanent resident; or
  • You may not be an Australian tax resident even though you are an Australian citizen or permanent resident.

Income tax implications if you become a tax resident of Australia

If you become an Australian tax resident, this will have significant tax implications for your income and assets.

Australian tax residents must declare all of their income from Australia and overseas in their Australian tax returns and pay income tax on their income to the ATO.

However, foreign tax residents are only required to declare their Australian income in their Australian tax returns.

King Lawyers can give you legal advice on the income tax issues that can arise if you become a tax resident of Australia.

Residency tests

There are four residency tests to determine whether an individual taxpayer is a tax resident of Australia:

  • Resides test
  • Domicile test
  • 183-day test
  • The Commonwealth superannuation test

King Lawyers can give you legal advice on the application of the tax residency tests to your specific circumstances.

Change of tax residency due to COVID-19

King Lawyers can give you legal advice on any changes to your tax residency as a result of COVID-19 and travel restrictions.

Legal advice from King Lawyers on your Australian tax residency

We regularly provide legal advice to our Australian and international tax clients on whether they are like to be considered a tax resident of Australia.

To get legal advice from King Lawyers on your Australian tax residency, please contact us to arrange an initial conference with our experienced tax lawyers.

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