Scenario

Johnny Cheque is an internationally renowned country and western singer. He was born in the United States and lives there with his family. Cheque is employed by a United States company which provides his services to promoters. He regularly comes to Australia to perform at Tamworth and the five mainland State capitals.

He expects that such performances will involve about four weeks in Australia each year for quite a few years as Cheque is immensely popular. He is impressed with Australia both as a place to visit and for the potential increases in the value of real estate and is proposing to purchase a home unit on the Gold Coast. He expects to use this home unit for a holiday for the whole of January and possibly some of February each year. The rest of the year it will be available for rental.

Cheque is concerned that this arrangement may result in his being treated as a resident of Australia for Australian tax purposes and thus exposing his worldwide income to Australian taxation.

Question1: Discuss whether Cheque is an Australian resident.