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The tax may be deferred without collateral if the subject takes residence in another EEA member state, and with collateral otherwise. If the taxed gain is not realised within a five-year period, it will be assumed that the emigration was not motivated by tax purposes and the tax will be dismissed or refunded. [9] [10]
A resident for tax purposes is subject to income tax on income from all sources, [26] whereas non-residents for tax purposes are only subject to income tax in Australia on their income from Australian sources. There are four tests to determine whether an individual is a resident for income tax purposes:
Individuals ("natural persons") can only be resident for tax purposes in one country at a time. Corporate persons, owning foreign subsidiaries, can be based in one country and simultaneously based in another country: a subsidiary may make substantial income in one country but remit that income (as license fees, for example) to a holding company ...
A very small number of countries tax their non-resident citizens on foreign income; examples include the United States, Eritrea, and the Philippines [124] [125] Residency: a country may tax the income of anyone who lives there, regardless of citizenship or whether the income was earned in that country or abroad (most common system);
The United States includes citizens and green card holders, wherever living, as subject to taxation, and therefore as residents for tax treaty purposes. [14] Because residence is defined so broadly, most treaties recognize that a person could meet the definition of residence in more than one jurisdiction (i.e., "dual residence") and provide a ...
The Philippines used to tax the foreign income of nonresident citizens at reduced rates of 1 to 3% (income tax rates for residents were 1 to 35% at the time). [170] It abolished this practice in a new revenue code in 1997, effective 1998.
A tax exile is a person who leaves a country to avoid the payment of income tax or other taxes. The term refers to an individual who already owes money to the tax authorities or wishes to avoid being liable in the future for taxation at what they consider high tax rates, instead choosing to reside in a foreign country or jurisdiction which has no taxes or lower tax rates.
The criteria for residence for tax purposes vary considerably from jurisdiction to jurisdiction, and "residence" can be different for other, non-tax purposes. For individuals, physical presence in a jurisdiction is the main test. Some jurisdictions also determine residency of an individual by reference to a variety of other factors, such as the ...