What this determination covers

The Australian Taxation Office has published a compendium summarising submissions received during consultation on TD 2012/8, a tax determination about what counts as foreign service under section 23AG of the Income Tax Assessment Act 1936.

The core rule

The determination confirms a strict rule: time spent in Australia, international waters, or international airspace does not count as foreign service. There is no discretion based on the reason for the trip, whether it was work-related, mandatory training, or anything else.

When the updated determination applies

The updated determination applies from the 2026-27 income year onward.

PAYG withholding and payroll

Payroll and PAYG withholding processes are required to correctly treat any time staff spend in Australia as taxable from 1 July 2026. The ATO acknowledged that payroll system changes take time, and stated that employers facing difficulties can contact the ATO directly so arrangements can be made.

FBT treatment

The ATO confirmed that overseas staff moving in and out of tax-exempt status affects FBT treatment as well.

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.