If you held the shares at the time you ceased being a resident of Australia, then the shares may still be TAP.
Broadly, when a taxpayer ceases being a tax resident all of their non-TAP assets are deemed to be disposed for their market value (see CGT event I1).
However, an individual may elect (under ss 104-65 & 855-15) to disregard the capital gains/losses arising under CGT event I1 and going forward treat those assets as being TAP. If such an election is made those assets stay within the Australian tax net.
In regards to making the election the legislation stipulates that choices under the CGT provisions must be made by the day you lodge your tax return and that the manner in which you prepare your tax return is sufficient evidence of a choice being made under the CGT provisions (s 103-25). Therefore, if you did not include any capital gains/losses on the assets in your tax return for the year in which you ceased being a tax resident, the ATO may take the view that you made the election to keep treating those shares as being TAP and therefore they are taxable.
