Make himself non-resident for taxation purposes

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Reference no: EM133556133

Tom was born and educated in Australia and works as an engineer. He recently married Mary who is from Italy but is in Rockhampton on a student visa completing a Master of Business Administration Degree from CQ University. She arrived in Rockhampton on 1 May 2021 and will complete her degree in August 2023.

Tom is in charge of the strategic planning operations of his employer. He has been asked to consider working overseas for 24 months in the Dubai office of his employer. He is keen to work in Dubai as the UAE does not impose income tax on salaries. His new role will include travel overseas to Europe and Asia as well as Australia twice a year. Under the arrangement he will be employed by the Hong Kong Office of his employer and his salary will be paid in part into his Dubai bank account and the other part into his Australian bank account. The contract for his new position in Dubai was signed in Melbourne.

Tom advises you that he is currently renting a house in Rockhampton with Mary and will be giving up that lease. He also owns a car which he will be leaving for his cousin to drive and maintain. The only other assets he has are superannuation from his employer and employee shares. He has a bank account with Westpac into which his pay is credited.

Whilst in Dubai he will be given rental accommodation by his employer, he will open a bank account in Dubai to receive his pay, belong to various expatriate and social organizations and he will join a class to learn Arabic.

Mary, however, will be unable to work in Dubai so she intends to return to Italy and work there and visit Tom every 8 weeks in Dubai. Both Tom and Mary leave Australia on 24 August 2023 for Dubai.

1. Is Tom a resident or non-resident of Australia for the year ended 30 June 2024?

2. If Tom is a resident of Australia, what additional steps should he take to make himself a non-resident for taxation purposes?

3. What will be the source of his employment income when he commences work in Dubai?

Reference no: EM133556133

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