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Taxation Ruling TR 2018/5 sets out the Commissioner of Taxation’s views as to when a foreign incorporated company will be considered a resident in Australia for tax purposes.

The ruling is in response to the High Court Decision inĀ Bywater Investments Limited v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation [2016] HCA 45

Further insight into Tax Office thinking on the matter is found in its Practical Compliance Guideline PCG 2018/D3 which is open for public comment.