If you are a foreign resident of Australia, you only need to lodge a tax return if you have income that is taxable in Australia. This excludes any income from which non-resident withholding tax has been deducted. Examples of income that may be subject to non-resident withholding tax are bank interest and unfranked dividends.
Most working holidaymakers visiting Australia for only a short time are tourists or travellers, and are not Australian residents for tax purposes. If you have been paid salary or wages in Australia you must lodge a tax return.
Outcome: why is Kate an Australian resident?
Kate's intention was to reside and live in one location. Kate's behaviour and abode for 11 out of the 12 months exhibited the attributes of a place of residence as contrasted with overnight, weekly, monthly or transitory accommodation of a traveller. By living and working in close proximity to her brother and establishing links in the community by joining the local library and membership of two local clubs, Kate demonstrated her family and social ties.
Kate's behaviour during the time spent in Australia reflects a degree of continuity, routine or habit that is consistent with residing here.
Outcome: why is Janine a foreign resident?
Although Janine obtains work, by travelling from place to place she has not established a pattern of habitual behaviour, even though she is physically present in Australia for twelve months and she co-leases a house. Janine's main purpose for being here is to have a holiday and she is merely supplementing her savings by working. Janine also fails to meet the 183 day test because she had a usual place of abode outside Australia and did not intend taking up residence in Australia.
How long should you keep your records?
Generally, you must keep your written evidence for five years from the date you lodge your tax return, or, if you:
• have claimed a deduction for decline in value (formerly known as depreciation) - five years from the date of your last claim for decline in value
• acquire or dispose of an asset - five years after it is certain that no capital gains tax (CGT) event can happen, so you know you don't need the records to work out a capital gain or loss
• are in dispute with us - the later of five years from the date you lodge your tax return or when the dispute is finalised.