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New Zealand Temporary Residents  

At the December 2010 NTLG meeting, the professional bodies (including The Tax Institute) raised for the ATO’s consideration and comment the appropriate tax treatment of certain New Zealand residents who, due to a glitch in the current law, could lose their temporary residency on leaving Australia during the term of their special category visa. The number of taxpayers potentially affected was high and the ATO’s response proved difficult to elicit.  

However, The Tax Institute’s persistence on this matter in the form of ongoing consultation with the ATO and Treasury paid off recently with the issue of TD 2012/D3. This draft TD sets out the ATO’s view that New Zealand holders of special category visas will not cease to be temporary residents merely due to having left Australia during the term of their visa. The issue of this draft TD represents a significant victory for affected taxpayers. The Tax Institute is pleased to have been able to assist in bringing about this fair and reasonable result. The Tax Institute will be making a joint submission in response to this draft TD. Should you require further information on this matter, please do not hesitate to contact us at Tax Policy