11/10/2026
Living overseas does not automatically end your Australian tax residency.
The ATO considers more than the number of days spent overseas, including your family, home, employment, financial ties, living arrangements and return visits to Australia.
Recent court decisions confirm there is no automatic two-year rule. Even a lengthy overseas stay may not establish non-residency if you retain substantial connections with Australia.
If you are moving overseas or returning to Australia, obtain tax advice based on your circumstances.
General information only.
Determining whether someone is an Australian resident for tax purposes involves more than counting the days spent in Australia. The ATO’s Taxation Ruling TR 2023/1 explains the current residency tests and reflects important court decisions, including Harding, Pike, Addy and the more recent Quy lit...