Themes and Trends Underpinning Proposed Changes to Australian Individual Tax Residency Rules

Catherine Chivers, Manager Strategic Advice, Perpetual Limited

The law governing Australian individual tax residency has remained largely unchanged since the relevant legislation was first enacted in 1930. Almost 100 years later, global trends unthinkable in such times have arisen, adding significant complication to the practical application of these principles. Commonly observed by financial and legal practitioners as attributors to this complexity include: the multijurisdictional holding of assets and derivation of income, the customary nature of employment in many professional sectors involving overseas assignments of varying durations, plus lifestyle factors such as the offshore purchase of real property for recreational purposes. Data published by the Australian Bureau of Statistics in 2022 illustrates that 27.6% of the Australian population were born overseas, and almost half (48.2%) of all Australians have a parent born abroad. This thematic overlay of familial ties between Australian and foreign nationals spanning the globe adds an extra dimension of opacity. In the absence of legislative intervention since 1930, an ecosystem containing substantial amounts of case law, revenue authority administrative guidance and subsequent appellate tribunal decisions have proliferated. This article commences with a brief history of Australian income tax law, its impact on the development of the Australian individual tax residency rules and then discusses current trends and emerging themes in this arena.

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Australia Taxation General June 2023 Vol.16, No. 63, Spring 2023

Catherine Chivers

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Catherine Chivers, Senior Manager – Strategic Advice, National Practice Management, Perpetual Private. Perpetual Private is an operating division of Perpetual Limited. Catherine is the national lead for Perpetual Private's strategic advice capability. She briefs the Perpetual Limited/Perpetual Private executive leadership team plus Perpetual Private advice team members on relevant strategic advice and Government policy matters. She is an experienced presenter, as well as financial writer; contributing regularly to industry and mainstream media on strategic advice topics. Catherine has over 20 years of wealth management industry experience and holds a Bachelor of Economics, a Graduate Diploma in Financial Planning and a Master of Financial Planning. She is also a Certified Financial Planner, a SMSF Specialist Advisor with the SMSF Association and a Fellow of the Financial Services Institute of Australasia (FINSIA).

Perpetual Limited

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Perpetual Limited (ASX:PPT) is an ASX-listed, diversified financial services company that operates globally, providing asset management, financial advisory and trustee services. Perpetual services its client base from offices in Australia as well as its international offices in the United States, United Kingdom, the Netherlands, Singapore and Hong Kong. Our clients include institutions, not-for-profit organisations, small businesses, financial advisers, individuals and families.

Australia Taxation General June 2023 Vol.16, No. 63, Spring 2023