The superannuation test is the third statutory test. This test covers current Commonwealth government employees and states that you are an Australian resident if you are:
a member of the superannuation scheme established under the Superannuation Act 1990, or
an ‘eligible employee’ for the purposes of the Superannuation Act 1976.
If you are an Australian resident under this test, your spouse and any children under the age of 16 would also be regarded as Australian residents for income tax purposes.
‘Spouse’ includes another person (whether of the same sex or opposite sex) who:
you were in a relationship with that was registered under a prescribed state or territory law. although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.
Both the Superannuation Act 1990 and the Superannuation Act 1976 include permanent and some categories of temporary employees in their definition of member or eligible employee. Thus, if you are no longer employed by the Public Service in those capacities you will fail this test.
The test is designed to ensure that Commonwealth government employees working at Australian posts abroad (such as diplomats and officials of the Department of Foreign Affairs and Trade) are treated as Australian residents and, as a consequence, so too are their spouses and children under 16 years of age.
Example of a resident
Delphi, an officer of the Department of Foreign Affairs and Trade, is posted to Thailand for a period of three years and is a member of the Commonwealth Superannuation Scheme (CSS). Delphi will remain an Australian resident under this test.
Example of a foreign resident
Peter, a retired public servant in receipt of a superannuation pension from the Public Sector Superannuation Scheme (PSS) – a Commonwealth superannuation fund – moves to South Africa for a period of three years to look after an ailing relative. Peter does not satisfy the superannuation test as he is no longer a contributing member.
Example of a resident
John is not an eligible employee in the CSS or PSS schemes. He has been living in Tokyo for ten years. His spouse is a Commonwealth employee and is an eligible employee of the CSS scheme. John is an Australian resident under this test.