This report, prepared for an international investor, delves into the complexities of Australian tax residency. It outlines the four key tests used to determine residency: the resides test, the domicile test, the 183-day test, and the Commonwealth superannuation test. The report references relevant sections of the ITAA 1936 and ITAA 1997. It explores the concept of assessable income for both residents and non-residents, emphasizing the importance of source. Furthermore, the report examines the role of double taxation agreements (DTAs), specifically focusing on the agreement between Australia and India. It explains how DTAs prevent double taxation and facilitate tax credits. By comparing the tax laws of Australia and India, the report aims to advise the investor on the most advantageous tax jurisdiction for their circumstances, considering the potential for claiming tax credits and avoiding double taxation. The report concludes that India, due to the DTA, may be the most advantageous tax jurisdiction for the investor.
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