The AAT has held that an engineer, who returned to Australia in April 2011 after working overseas since 2004, was not a resident of Australia for the whole of the 2011 year.
- The taxpayer was working as a lead instrumentation engineer and manager in Oman for a multinational company in the oil and gas industry from 4 January 2010 to 29 April 2011, when he returned [permanently to join his family who lived] in Perth.
- He had been working overseas on different engineering jobs since 2004.
- The taxpayer contended that he was a resident of Australia for only part of the year ended 30 June 2011, ie from 29 April 2011 when he permanently returned from working overseas.
- The Commissioner argued that he was a resident of Australia for the whole of the year ended 30 June 2011 due to the connection between the man and his family living in Australia, and his pattern of consistently coming to Australia when on leave from his overseas employment.
- The Commissioner argued the taxpayer retained a continuity of association with Australia, and issued a Notice of Amended Assessment for the 2011 year including in his amended taxable income an amount of $274,509 derived from services in Oman.
- The taxpayer [objected but his] objection was disallowed.
The Tribunal disagreed with the Commissioner’s argument. It said where a person resides is a question of degree and therefore one of fact. Its view was that the man was not a resident of Australia under the ordinary concepts test, during the whole of the year in question. The Tribunal said it was satisfied that the engineer’s permanent place of abode for most of the year ended 30 June 2011was outside Australia, and set aside the Commissioner’s objection decision and substituted it with a decision that the man’s objection in respect of the amended assessment for the 2011 income year be allowed in full.
(Re The Engineering Manager and FCT [2014] AATA 969, AAT, File No: 2014/0089, Lazanas SM, 24 December 2014.)
[LTN 4, 8/1/15]