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Tax Residency Exit File
Sam M. [REDACTED]
Destination: Dubai, United Arab Emirates  ·  Departure: Q2 2026
Prepared: May 2026
Subject: Sam M., 38, Sydney NSW [name redacted]
File reference: EP-2026-DEMO-[REDACTED]
Status: Exit in progress — evidence trail active
Prepared for counsel — formatted for ATO review
84
/100
Exit Confidence Score
01 Residency Factor Scorecard

The ATO assesses residency under the ordinary concepts test by examining the totality of a person's circumstances. The following factors are drawn from TR 98/17 and binding Full Federal Court authorities. Each factor is rated for its evidence weight and ATO defensibility based on the file to date.

Factor Current Status Weight ATO Defensibility Why This Matters
Physical Presence (Days Abroad)
Day-count is the single most-cited datapoint in ATO audit letters. Fewer than 183 AU days per year is necessary but not sufficient for non-residency.
Expected <60 AU days post-departure. Dubai tenancy commencing April 2026. High Strong Clear break; travel log in evidence vault from April.
Permanent Place of Abode
The domicile test turns on whether a "permanent place of abode" exists outside Australia. A short-term rental does not qualify — the ATO looks for settled, habitual accommodation.
12-month Dubai lease signed. Exhibit 7. Lease runs April 2026 – March 2027 with renewal option. High Strong 12-month committed tenancy is the gold standard for "permanent abode" evidence.
Australian Property — Retention
Retaining an available Australian home strongly suggests an intention to return. The ATO's position: if you can sleep there tonight, you still reside there.
Paddington apartment ($1.4M) listed for lease. Tenancy agreement signed June 2026 with a PM. Not available to subject post-July 2026. Exhibit 3. High Watch Leasing removes the "available to return to" risk — but ownership itself is still noted. Maintain lease without interruption.
Family Location and Ties
The location of a person's immediate family (especially a spouse) is a dominant factor in the ordinary concepts test. Courts have consistently treated this as a top-three factor.
No spouse or dependants. Parents reside in Melbourne; contact is social, not financial dependency. Evidence: social media, travel records, statutory declaration. High Strong No immediate family remaining in AU materially strengthens the residency break argument.
Employment and Business Ties
Ongoing AU employment — especially with an AU employer — is one of the most common reasons the ATO denies non-residency claims. Remote work for an AU entity counts as carrying on business in Australia.
Sydney tech role ended April 2026. Redundancy confirmed in Exhibit 1. New Dubai employer engagement commences May 2026 (offer letter: Exhibit 8). No ongoing AU business interests. High Strong Clean employment break with documented new foreign employer is ideal. No AU consulting work post-departure.
Superannuation Status
Continued voluntary super contributions (beyond the compulsory employer component) can indicate an intention to return. Super fund notification of non-residency is basic hygiene.
Super fund notified of non-residency May 2026. Voluntary contributions ceased. Accumulation phase continues passively. Exhibit 11. Med Strong Notification creates a formal record of residency-cessation intent. Well-handled here.
Financial Ties — Banking and Investments
Maintaining an AU transaction account alone is not determinative, but a pattern of AU-centric financial activity (ongoing AU income, active AU investing, AU credit cards as primary) signals ongoing connection.
UAE bank account opened April 2026 (Emirates NBD — Exhibit 9). AU bank account converted to international non-resident account. AU ETF portfolio retained (taxed under AU non-resident rules). No new AU investment activity. Med Watch Retained AU ETFs are acceptable but require careful withholding tax management. Primary financial activity must shift to UAE.
Social and Community Ties
Club memberships, professional associations, and community roles — especially when ongoing — indicate that Australia remains the person's social "home base." The ATO does look at this.
Sydney gym membership cancelled April 2026. Professional association (tech industry) membership retained for networking — low risk. No club or community leadership roles. Dubai expat community membership commenced May 2026 (Exhibit 13). Med Strong Deliberate wind-down of AU social infrastructure, with active foreign community engagement, builds the narrative.
Intention — Documented Evidence
Subjective intention alone is worthless. The ATO requires objective evidence that the intention to become a non-resident is genuine and was formed before departure. Post-hoc statements carry little weight.
Resignation letter references Dubai move (Exhibit 1). UAE visa application dated February 2026 (Exhibit 2). Dubai apartment search records from January 2026 (Exhibit 5). LinkedIn relocation announcement April 2026. High Strong Pre-departure documentation trail is the strongest available signal of genuine, pre-formed intent to emigrate.
Domicile of Origin — Australia
All Australian-born individuals have an Australian domicile of origin. This is the hardest factor to shift — it requires evidence of a settled intention to reside permanently abroad, not merely temporarily.
Born Melbourne. Domicile of origin is Australia. No formal domicile of choice in UAE established yet (UAE does not operate a common-law domicile system). File argues non-residency under ordinary concepts test, not domicile test, as primary ground. High Watch Primary reliance on ordinary concepts test (not domicile test) is the correct strategy here. Ensure the narrative reflects this.
02 Evidence Index

All exhibits are timestamped, stored in the evidence vault, and available for direct export. Counsel receives the full package in PDF + structured folder format.

1
Resignation letter — Sydney tech employer, referencing Dubai relocation
Employment · April 2026
[Exhibit 1 — Resignation_Letter_April2026.pdf]
2
UAE Residency Visa — issued by General Directorate of Residency & Foreigners Affairs
Immigration · March 2026
[Exhibit 2 — UAE_Residency_Visa.pdf]
3
Paddington apartment lease — tenancy to third-party tenant, managed by property manager
Property · June 2026
[Exhibit 3 — AU_Property_Tenancy_Agreement.pdf]
4
Emirates NBD current account — statement showing primary transactional activity post-April
Banking · April–May 2026
[Exhibit 4 — UAE_Bank_Statement_Apr-May2026.pdf]
5
Dubai apartment search records — email correspondence with Dubai real estate agents from January 2026
Pre-departure intent · January 2026
[Exhibit 5 — Dubai_Property_Search_Correspondence.pdf]
6
Flight records — outbound Sydney → Dubai, one-way, April 14 2026
Travel · April 2026
[Exhibit 6 — Flight_Booking_Confirmation.pdf]
7
Dubai tenancy contract — 12-month lease, DEWA (Dubai Electricity & Water Authority) connection confirmed
Accommodation · April 2026
[Exhibit 7 — Dubai_Tenancy_Contract.pdf]
8
Dubai employer offer letter — full-time employment, Dubai entity, commencing May 2026
Employment · April 2026
[Exhibit 8 — Dubai_Employment_Offer_Letter.pdf]
9
UAE bank account opening — Emirates NBD account statement with UAE address
Banking · April 2026
[Exhibit 9 — Emirates_NBD_Account_Opening.pdf]
10
DEWA utility bills — electricity and water accounts in subject's name, Dubai address
Utility / Residence · April–May 2026
[Exhibit 10 — DEWA_Utility_Bills_Apr-May2026.pdf]
11
Superannuation fund — non-residency notification letter, voluntary contributions ceased
Superannuation · May 2026
[Exhibit 11 — Super_Fund_NonResidency_Notification.pdf]
12
Dubai Health Authority (DHA) health insurance — mandatory UAE health cover, subject enrolled
Healthcare / Residence · May 2026
[Exhibit 12 — UAE_Health_Insurance_Certificate.pdf]
13
Dubai expat community — event attendance log, professional network registrations in UAE
Social ties · May 2026
[Exhibit 13 — UAE_Social_Ties_Log.pdf]
14
Australian Medicare card — cancellation notification (voluntary, non-resident status)
Government records · April 2026
[Exhibit 14 — Medicare_Cancellation.pdf]
15
ATO non-resident notification — tax agent letter confirming residency status change from FY2027
Tax · June 2026
[Exhibit 15 — ATO_Residency_Change_Notification.pdf]
03 Exit Timeline

Month-by-month chronological narrative of the residency-change event sequence. Each entry is tagged to the factor it evidences and the exhibit that supports it. This timeline is the backbone of any ATO response.

Jan 2026
Dubai apartment search commences
Subject begins researching Dubai residential accommodation. Email correspondence with two Dubai real estate agencies documented. Defines pre-departure intent and demonstrates the exit was planned, not impulsive.
Intent Permanent place of abode Exhibit 5
Feb 2026
UAE Residency Visa application lodged
Application submitted to GDRFA under employment sponsorship. Visa granted March 2026. The application date establishes that immigration steps pre-date departure by 60+ days.
Immigration Intent Exhibit 2
Mar 2026
UAE Residency Visa granted; resignation submitted
UAE visa issued. Resignation letter submitted to Sydney employer, explicitly referencing the Dubai relocation. Notice period commences. No new Australian employment sought or accepted.
Immigration Employment ties Exhibit 1 Exhibit 2
Apr 2026
Departure from Australia; Dubai tenancy commences
Subject departs Sydney (one-way flight, April 14). 12-month Dubai lease signed and commences April 15. DEWA utilities connected. Emirates NBD account opened with UAE residential address. Medicare card cancellation initiated. LinkedIn updated to Dubai location.
Physical presence Permanent place of abode Banking Exhibit 6 Exhibit 7 Exhibit 9 Exhibit 10 Exhibit 14
May 2026
Dubai employment commences; super fund notified
Full-time employment with Dubai entity commences. Subject is now employed, resident, and primarily financially active in UAE. Superannuation fund notified of non-residency; voluntary contributions cease. DHA health insurance enrolled. UAE community event attendance begins.
Employment ties Superannuation Social ties Exhibit 8 Exhibit 11 Exhibit 12 Exhibit 13
Jun 2026
AU property leased; ATO non-residency notification
Paddington apartment tenancy agreement executed with third-party tenant. Property now unavailable to subject. ATO notified of residency status change for FY2027 via registered tax agent. Tax agent letter documented.
Australian property Tax records Exhibit 3 Exhibit 15
Ongoing
Evidence trail maintenance — monthly
Monthly: UAE utility bills, bank statements, Dubai employer payslips, and travel log updates added to the evidence vault. Target: <60 AU days per calendar year. Monthly check-in with ExitProof confirms trail is current and complete.
Physical presence Banking Employment
04 Residency Risk Map

Remaining risks to the non-residency position, ranked by severity. Each risk has an active mitigation note. Risks are re-assessed monthly as the evidence trail develops.

Australian Days — Return Visit Accumulation
High Severity
If AU day-count approaches or exceeds 183 in any income year, the 183-day test becomes a live risk. Even below that threshold, frequent short visits can suggest AU as the habitual place of abode under the ordinary concepts test.
Mitigation in progress: Travel log is updated monthly. Current FY2027 AU days: 14. Target: stay under 60 for the full year. No planned extended AU stays.
Australian Property — Lease Interruption
High Severity
If the Paddington tenancy ends and the apartment reverts to being available to the subject — even temporarily, even informally — the property becomes evidence of a retained Australian "home." This is a common and serious audit trigger.
Mitigation in progress: Property manager has standing instructions to re-let immediately if tenant vacates. Subject has not been given keys. Lease renewal calendar in place for March 2027.
Australian ETF Portfolio — Ongoing Investment Activity
Medium Severity
Retaining and actively managing a $720k AU ETF portfolio can be argued as evidence of ongoing Australian financial ties. Non-resident withholding tax applies to dividends, but active new purchases are a residency-inference risk.
Mitigation in progress: No new AU ETF purchases since April 2026. Account designated non-resident with broker. Withholding tax deducted at source. Position is to hold, not actively trade, existing portfolio.
Domicile — No Formal "Domicile of Choice" in UAE
Medium Severity
The UAE does not operate under a common-law domicile system. This means the domicile test is unlikely to assist and non-residency must be established under the ordinary concepts test. If the ordinary concepts argument is contested, the fallback position is weaker than in common-law jurisdictions (UK, Singapore, etc.).
Mitigation in progress: Strategy is explicitly based on ordinary concepts, not domicile. File evidence is structured accordingly. Counsel briefed to lead with physical presence, employment, and accommodation.
Australian Professional Association Membership
Low Severity
Retained AU professional association membership. Not determinative, but an ATO auditor could characterise this as an ongoing Australian professional tie. Low risk in context of the overall file.
Mitigation in progress: Under review for cancellation at June 2026 renewal. If maintained, will be documented as a remote-access networking tool, not an Australian community tie.
05 Counsel-Ready Narrative

Plain-English summary of the residency position. Written in the tone and structure counsel would use when preparing a response to an ATO audit or objection.

Summary for Counsel — Non-Residency Position

Sam M. ceased to be an Australian tax resident on or about 14 April 2026, the date of departure from Australia. The primary ground for this conclusion is the ordinary concepts test under section 6(1) of the Income Tax Assessment Act 1936. Under this test, the question is whether the individual "resides" in Australia according to the ordinary meaning of that word. The answer turns on the totality of the individual's circumstances — not any single factor — and the evidence assembled in this file supports the conclusion that Australia ceased to be the individual's home from the departure date.

The key features of Sam M.'s exit are as follows. First, the departure was permanent in character and pre-meditated: apartment searches in Dubai commenced in January 2026, a UAE residency visa was granted in March 2026, and resignation from Australian employment was documented in that same month. These pre-departure steps establish that the exit was not impulsive or temporary. Second, the individual's centre of life has shifted to Dubai in every measurable dimension: a 12-month Dubai lease is in effect, the individual is employed by a Dubai entity, primary banking activity has migrated to a UAE account, and Australian social and community ties have been deliberately wound down. Third, the Australian property has been let on a formal tenancy and is not available to the individual as accommodation. This removes the most common basis on which the ATO finds that a property-owning individual retains an Australian "home."

The domicile test is not the primary ground for this file. The UAE does not operate within a common-law domicile framework, and the ordinary concepts test provides a stronger and more straightforward basis for the non-residency conclusion. Under the ordinary concepts test, the question is whether a reasonable person, looking at the totality of Sam M.'s circumstances from April 2026 onwards, would conclude that Australia is where Sam M. "resides." The evidence strongly supports the answer: no. The individual sleeps, works, banks, and maintains their social life in Dubai. Their connection to Australia is that of a property investor and a person with family in Melbourne — neither of which, on its own or in combination with the other, is sufficient to constitute "residence" in Australia.

The remaining risks are manageable. The most significant is the potential for Australian day-count accumulation on future return visits. The individual is advised to keep AU visits below 60 days per calendar year and to maintain the Dubai tenancy without interruption. The ETF portfolio, while retained, is being managed on a hold-not-trade basis with non-resident withholding tax properly applied. Counsel should note that the strength of this file lies in the volume and consistency of the evidence across all factors — physical presence, employment, accommodation, banking, and social ties all point in the same direction. This is the outcome that a well-constructed evidence trail produces, and it is materially more defensible than the typical self-managed exit in which the individual simply moves abroad without documenting the transition.

This narrative is prepared for the purpose of organising and presenting factual material to qualified tax counsel. It does not constitute legal or tax advice and should not be acted upon without independent professional review. Residency determinations are fact-specific; the ATO makes the final determination. ExitProof is a planning workflow tool, not a law firm or accounting practice.