ITAA 1936 · Four statutory tests

Am I a tax resident of Australia?

Residency is the master switch — your tax rates, Medicare levy, property withholding and super refund all hang off this one answer. It is decided by four statutory tests, and passing any one of them makes you a resident. All four run below at once, and the page tells you which single change would flip the result.

Your situation

Example filled in
165days
The place you customarily live when you are in that country. Hotels on a short trip do not count.
A higher bar than the question above — it asks whether you have genuinely settled abroad. These are two different legal concepts, which is why they are asked separately.
UK, New Zealand, Italy, Belgium, Netherlands, Finland, Norway, Sweden, Slovenia, Malta, Ireland.
Australian tax resident

You are most likely an Australian tax resident

Four statutory tests · passing any one makes you a resident

What would flip this

Each input is perturbed one at a time to find which single change is enough to change the verdict. An article cannot do this.

What this status means for you

Residency is the master switch — everything below follows from that one answer.

The traps you are closest to

Only the ones that actually apply to what you entered.

The four tests run in parallel — this is not a flowchart

The most common mistake in residency explainers is presenting the decision as a sequence: first check whether you hit 183 days, then move on if you did not. That is wrong. The four tests in section 6(1) of the Income Tax Assessment Act 1936 are alternatives. Pass any one of them and you are a resident; the other three do not matter.

So someone in Australia for only 100 days can absolutely be a resident under the resides test, and someone here for 200 days can absolutely fail to be one if the escape clause applies. Reading it as a flowchart produces errors in both directions.

1. The resides test (primary)

This asks an ordinary question: are you living in Australia? The ATO looks at the whole picture of your behaviour — how long and how regularly you are here, whether you have a settled home, where your family is, your social and employment ties, where your assets are, and the intention your conduct shows.

The ATO's own words are that "no single factor is likely to be decisive, and many will be interrelated". This page weights those factors into a score so you can see the relative weight of each tie — not because the ATO runs a scoresheet. When the score sits near the threshold, the honest answer is "this needs judgement", not "you missed it by one point".

2. The domicile test

Two steps: is your domicile in Australia, and if so, is the ATO satisfied your permanent place of abode is outside Australia? You only fall out of residency if both steps go your way.

One point that is routinely missed: an Australian citizen's domicile of origin is Australian, and leaving the country does not change it by itself — you need to acquire a domicile of choice elsewhere. So long-term expatriates usually escape residency through the permanent-place-of-abode limb, not through domicile itself.

3. The 183-day test

More than half the income year (1 July to 30 June) physically in Australia, continuously or intermittently, counting both arrival and departure days. The escape clause requires both limbs: your usual place of abode is outside Australia and you have no intention to take up residence here.

Note that "abode" here is not the same concept as in the domicile test. The 183-day test uses usual place of abode; the domicile test uses permanent place of abode, which is a higher bar. Tools that collapse these into one question get both lanes wrong — which is why this page asks them separately.

4. The Commonwealth superannuation test

Current contributing members of the PSS or CSS (and their spouses and children under 16) are residents regardless of everything else. It is a narrow test, but an absolute one where it applies. Note that PSSAP does not count — similar name, different scheme, not in this test.

Have the proposed new residency rules commenced?

No. The 2021 Federal Budget announced a new framework — a 183-day primary test plus a factor test — but it has never been legislated. The four tests above remain the law. If an article or a tool applies the proposed rules to your facts, it is wrong. Everything on this page is based on the law as it currently stands.

What follows once the status is settled

  • Tax rates. Residents get an $18,200 tax-free threshold; foreign residents pay 30% from the first dollar. From 2026–27 the first resident bracket dropped from 16% to 15%.
  • Medicare levy. Residents pay 2% of taxable income. Temporary visa holders need a Medicare Entitlement Statement to be exempt — and nationals of Reciprocal Health Care Agreement countries generally cannot get one.
  • Property withholding. Foreign residents have 15% of the sale price withheld, judged on the contract date rather than settlement, with no minimum property value since 1 January 2025. Residents are not withheld against but must give the buyer a clearance certificate before settlement.
  • DASP. Only temporary visa holders can claim it. Anyone who has ever held a 417 or 462 is taxed at 65% on the whole payment.
  • Main residence exemption. Foreign residents disposing of property after 30 June 2020 cannot use it, even for a home they genuinely lived in.

Common questions

Does 183 days automatically make me a resident?

Not automatically. The escape clause needs both limbs — usual place of abode outside Australia and no intention to take up residence. And fewer than 183 days does not make you a foreign resident either: the resides and domicile tests run in parallel, and passing any one is enough.

Is tax residency the same as my visa status?

No. Tax residency comes from tax law; visa class comes from migration law. A temporary visa holder can be a tax resident, and a permanent resident living abroad can be a foreign resident for tax.

Do working holiday makers need to worry about this?

Mostly not. 417 and 462 holders are taxed under the same schedule (15% on the first $45,000) either way. What costs money is DASP: having ever held one of those visas makes the whole payment taxable at 65% rather than 35%.

Are temporary visa holders exempt from the Medicare levy?

Not by default. The exemption requires a Medicare Entitlement Statement, and nationals of Reciprocal Health Care Agreement countries are entitled to Medicare — so they cannot get one, and the 2% stays payable.

Can I rely on this for my tax return?

No. This is a tool for understanding the structure of the decision and where your own facts sit. The resides and domicile tests turn on findings of fact that vary case by case, and the ATO makes the determination. For anything material, speak to a registered tax agent.