What this determination covers

The Australian Taxation Office (ATO) has published a compendium, reference TD 2012/8EC, summarising feedback received during a consultation period (10 June to 17 July 2026) on a draft update to Taxation Determination TD 2012/8.

TD 2012/8 deals with when temporary absences from overseas work still count as foreign service under section 23AG of the Income Tax Assessment Act 1936.

The confirmed rule

The key change confirmed in the final determination is that any time an employee spends in Australia - including time spent attending work meetings, training, or performing other work duties - cannot count as foreign service. The reason stated is that Australia is not a foreign country, and the rule under section 23AG is based on where the person is physically located.

The ATO rejected all nine issues raised by submitters during consultation and made no changes to the draft.

When the updated view applies

The updated view applies from the 2026-27 income year onwards.

Key actions

This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.