Tax Residency

Tax residency can have a significant effect on how income, capital gains, and cross-border arrangements are taxed. Understanding whether you or an entity may be treated as a resident or non-resident can help reduce uncertainty, manage exposure, and support better tax planning.

We help:

  • Understand whether you may be treated as a resident or non-resident for Australian tax purposes
  • Identify how residency status may affect income, CGT, and cross-border tax outcomes
  • Manage ATO risk and structure decisions with greater clarity and confidence
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We Understand What You Are Going Through

Tax residency issues often arise when people move overseas, return to Australia, work across jurisdictions, or hold assets and interests in multiple countries. They can also affect companies, trusts, and business groups with offshore connections or management arrangements.

You may be unsure how the residency rules apply to your situation, whether treaty relief is relevant, or how a change in residency status could affect tax liabilities, reporting obligations, or capital gains tax outcomes. These questions can become especially difficult where the ATO is reviewing your position, or where significant assets or income are involved.

We understand how complex and high-stakes tax residency issues can be. We help you assess your position and work through the consequences in a clear and practical way, so decisions are made with confidence.

Our Services Include

  • Assessing individual tax residency under Australian tax law
  • Assessing corporate tax residency and central management and control issues
  • Working through the tax consequences of becoming or ceasing to be an Australian tax resident
  • Assisting with residency issues affecting foreign income, offshore assets, and cross-border investments
  • Working through capital gains tax issues connected with residency changes
  • Applying double tax agreements and treaty residency rules
  • Assisting with inbound and outbound tax planning linked to residency status
  • Working through residency issues involving trusts, foreign trusts, and international distributions
  • Assisting with controlled foreign company and transferor trust issues
  • Responding to ATO reviews, audits, and disputes concerning tax residency
Our Difference
Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
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Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)
Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What is tax residency?
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Tax residency is the status used to determine how Australia taxes a person or entity. In general terms, Australian tax residents are usually taxed on worldwide income, while non-residents are generally taxed only on Australian-sourced income.
Why does tax residency matter?
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Tax residency can affect income tax, capital gains tax, reporting obligations, and how cross-border arrangements are treated. A change in residency status can lead to materially different tax outcomes.
Can I still be an Australian tax resident if I live overseas?
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Possibly. Living overseas does not automatically mean you stop being an Australian tax resident. The answer depends on how the legal tests apply to your circumstances.
Can I be a non-resident even if I still have ties to Australia?
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Possibly. Some people continue to have family, assets, or business interests in Australia while living abroad. The key issue is how the residency rules apply overall.
How does tax residency affect capital gains tax?
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Residency can significantly affect how CGT applies, including whether certain assets remain taxable in Australia and how gains are treated when residency changes.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
75 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)