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The laws recently changed last month. If you spend more than 45 days in the country or tick two of the following dot points you are now considered a tax resident and need to pay income tax:

* the right to reside permanently in Australia

* Australian accommodation

* Australian family

* Australian economic interests.

https://www.lexology.com/library/detail.aspx?g=a9c5000f-bde6...



This sounds like proposed changes, I'm not seeing these rules reflected on ATO's guidance:

https://www.ato.gov.au/Individuals/coming-to-australia-or-go...

This suggests it wont come into effect until 2022:

> Since draft legislation is not yet available, the rules likely will not apply before 1 July 2022.

https://www.taxathand.com/article/17653/Australia/2021/New-t...

> If you spend more than 45 days in the country or tick two of the following dot points

The proposed secondary rules only applies after spending 45+ days in a FY, not OR. Which is important because this new criteria basically applies to most people born in Australia, so it basically reduces the 183 day test to 45.


So, just by being australian and having family there you check box #1 and #3 automatically?




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