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Law Council of Australia


Draft Taxation Ruling TR 2022/D2: Income Tax: residency tests for individuals

The Taxation Committee of the Business Law Section of the Law Council of Australia (the Committee) welcomes the opportunity to comment on Draft Taxation Ruling TR 2022/D2 (Draft Ruling).

The Draft Ruling represents a positive step in providing up-to-date guidance to individuals and their advisers as to the Australian Taxation Office’s (ATO) views on the operation of the individual residency tests in subsection 6(1) of the Income Tax Assessment Act 1936 (ITAA 1936). The inclusion in the Draft Ruling of examples covering a variety of circumstances aids in clarifying the ATO’s views.


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