Reform of residence rules - The road ahead. 20 September 2023
Court 13A, Supreme Court of NSW
184 Phillip St
STEP NSW Branch invites you to a seminar with Michael Bersten, Barrister, New South Wales Bar.
Topic: Reform of residence rules - The road ahead
The paper will consider the current directions for reform of the main residency tests in Australian taxation law. The current state of the law in respect of the test for individuals and non-corporate entities, as reflected in ATO Ruling TR 2023/1, will be examined by comparison to the reform agenda set out in the Treasury Consultation Paper on reform of the test published in July 2023 (itself drawing on the Board of Taxation report of 2019 and the former Government’s policy). Particular attention will be given to:
- The demise of the “domicile” test
- The demise of the relevance of the subjective intention of taxpayers
- The ending of tests based on the Commissioner’s state of satisfaction
- The corresponding rise of objective tests for the commencement and ending of residency
- Study of the examples in ATO TR 2023/1 in light of the new test proposed in the Treasury Consultation paper.
The paper will also examine the residence of trustee companies in light of ATO taxation ruling TR 2018/5 and Practical Compliance Guideline 2018/3, noting that at this time the current Government has not announced any policy for reform of this area.
Venue: Court 13A, Supreme Court of NSW, 184 Phillip St, Sydney OR Online via Webinar
For further information or assistance, please contact [email protected]
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