Commonwealth Consolidated Acts

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FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 164

Residence

  (1)   For the purposes of this Act, a person shall be taken to have been a non - resident at a particular time if the person was not a resident of Australia at that time.

  (2)   For the purposes of this Act, a person shall be taken to have been a resident of Australia at a particular time if:

  (a)   in the case of a natural person:

  (i)   the person resided in Australia at that time; or

  (ii)   except in the case where the Commissioner is satisfied that that person's permanent place of residence at that time was outside Australia--the person was domiciled in Australia at that time;

  (b)   in the case of an incorporated company:

  (i)   the company was incorporated in Australia at that time; or

  (ii)   at that time the company carried on business in Australia and:

  (A)   had its central management and control in Australia; or

  (B)   had its voting power controlled by shareholders who were residents of Australia; or

  (c)   in the case of a partnership or an unincorporated company--any member of the partnership or company was a resident of Australia at that time by virtue of paragraph   (a) or (b).


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