The question as to whether or not a company is tax resident in Australia fundamentally changed as a result of the decision handed down in the Bywater case. Since then, there have been numerous developments, including ATO guidance in the form of TR 2018/5 and PCG 2018/9, as well as a review undertaken by the Board of Taxation.
This paper recaps recent developments and step through a number of practical examples and “what ifs”, to consider the corporate residency question in different circumstances.