What has changed

The ATO has issued an addendum to its ruling TR 2013/1, which covers how to identify who counts as an 'employer' when applying the short-term visit exception under Australia's tax treaties with other countries.

The addendum reflects two court decisions that changed how employment relationships are determined:

The short-term visit exception

The short-term visit exception is the treaty rule that allows a non-resident working temporarily in Australia to avoid Australian income tax on their wages, provided conditions are met. Those conditions include that their employer is not an Australian resident and that the wages are not deducted against an Australian permanent establishment.

Key practical change

The ATO now uses TR 2023/4 - its ruling on who is an employee for income tax and superannuation guarantee purposes - as the reference point for applying the ordinary meaning of 'employee' when working out who the employer is under these treaties.

Application period

This addendum applies to all income years before and after its date of issue, which is 23 September 2026.

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.