jorgon

I think it is worth pointing out here that it is not strictly necessary to convert your pension money from British pounds into Australian dollars in order to transfer it into the Australian superannuation system. If the receiving fund is able to receive the transfer in British pounds, then the conversion into Australian dollars can be postponed to a more convenient time if it is done at all. The transfer is achieved, not by converting the money into Australian dollars, but by transferring the pension money to the Australian superannuation fund trustee.

Hi Cadas - I would suggest you inform your auditor that the requirement to provide a rollover benefits statement comes from section 390-10(2) of schedule 1 of the Taxation Administration Act 1953. The requirement is imposed upon a "superannuation provider" in relation to a "superannuation plan" which pays a "rollover superannuation benefit". All these concepts are solely under Australian tax and superannuation law. A UK pension fund is not covered by these provisions at all. Hence there will be no rollover benefits statement arising from a transfer from a UK pension fund. Since this thread has revived I just need to point out that this change (referred to in one of the very early posts) never happened.

Hi cooperplace I am not aware of any precedent giving the answer to this question but you are correct to raise it, since at first sight it would appear that an Australian smsf would come within the definition of an "accumulation trust" in the UK and thus attract the 45% tax. This being a possibility, obviously if you were considering going ahead with this investment you would get advice on this.

Chardy The detailed HMRC manual reference for "taxable property" is here: http://www.hmrc.gov.uk/manuals/rpsmmanual/rpsm07109010.htm Taxable property is an investment made using money which has come from your UK pension. There is a list of such investments which ought not to be made from your UK pension money and one of them is residential property. The restriction continues while your UK pension money remains in the superannuation system anywhere in the world. Once you legitimately withdraw all pension moneys from your pension fund however, you are free of these rules. See a discussion about this and other matters in my article "Main issues for UK migrants starting an Australian SMSF": http://www.directdocs.com.au/ozsmigrants.html Jeremy

Hi Eddietops I agree with frankChartered that what is best to do with your ISAs depends on a number of factors. If you regard them as good investments, then there is no reason why you cannot keep them except that you will pay Australian tax on income within the ISA (receipt of interest in the case of a cash isa, or receipt of dividends in the case of a share isa) and any capital gains. This will be at your own personal marginal tax rate in Australia. However, if you bring the money into Australia and invest it here the investment would be treated the same way, so for the same investment you would not be better off for tax if you do this. Also if you are expecting the pound to rise against the Australian dollar at some time in the future then you might prefer to hold on to the ISAs. However you will be taxed in Australia on any increase in the value of the fund (in Australian dollar terms) between the date when you became permanent resident and the date when you finally transfer them to the UK. This is because in Australia the money is regarded as "foreign currency" - an asset which is chargeable to capital gains tax. This is quite a normal rule around the world and should not be regarded as oppressive. It is the same effect as if you migrated to Australia, and then decided to buy investments denominated in British pounds using Australia dollars, and then sold them when they were worth a lot more because the pound went up. Because of the above capital gains tax liability you are advised close to the date of your migration to print out the current values of all your UK investments. Australian tax law regards them as all being rebased in Australian dollar terms at the date of your migration for the purpose of capital gains tax. If you print these values out this will save having to find retrospective values for the purpose of the Australian tax return when you eventually convert them into Australian dollars. By the way, I don't agree with rammygirl that you have to declare all worldwide assets to the Australian tax office (unless you seek a means tested tax offset). Income, yes. As for using a self managed superannuation fund (SMSF) as an ISA-like tax envelope - there are several differences. First you have to get the money into the fund. Whereas you can transfer UK pension monies at any age into such a fund, you can only transfer money into an SMSF from outside the superannuation system if you are under age 65. There is also an annual contribution cap of $150,000 but if you are under age 65 you can use three years' cap at once. Once in the fund, the income is taxed at the concessional rate of 15% (capital gains are taxed at the same rate of 15% or at 10% if the asset has been held for 12 months). You will not be able to get the money out of the fund until you reach "preservation age" (near 60) or "retire". However, in Australia one big advantage is that such receipts are tax free. Also if the SMSF pays a pension to you (rather than paying out a lump sum) then the income and gains derived from assets within the fund set aside to pay that pension are tax free to the fund. You can read more about how the superannuation system in Australia works from my article "Australian superannuation - how it works" from the link in my signature below. Note that if you want to transfer UK pension monies into an Australian SMSF, the fund will need to obtain QROPS status from HM Revenue and Customs. There will be reporting requirements to HMRC, investment restrictions and also time restrictions before the money can be withdrawn from the fund. See my article "SMSF - Main issues for UK migrants".

Hi Tarby 777 I don't know why you need anyone to help you transfer your pension. As for the transfer itself:- 1. Ask your UK pension fund to send you the forms required to transfer the pension to a QROPS. 2. Ask your QROPS Aussie superannuation scheme for the forms required to receive the pension from a UK pension fund. 3. Fill out the forms and give the completed forms to the correct fund. 4. The two pension funds will then liaise to achieve the transfer. As for tax matters:- 1. Work out whether the transfer took place more than 6 months after you became a permanent resident. If the transfer was within 6 months, don't bother with anything below. 2. Work out whether the value of the fund transferred (converted into Australian dollars using the exchange rates provided by the ATO on its website) have increased in value from the date you became a permanent resident to the date of transfer. If not, don't bother with anything below. You will need to ask the UK pension fund for a valuation of the fund for the date you became a permanent resident to see whether the value of the fund did increase. 3. If the value of the fund did increase, there will be Australian tax to pay on that increase. Work out whether it is better to pay that tax at your own income tax personal rates, or whether it is better for the receiving fund to pay the tax at 15%. This answer to this will depend on your global level of income for the tax year in which the transfer was made. You can see the rates and thresholds to apply on the ATO website. 4. You then complete the ATO form NAT 11724 and give this to the receiving fund. The receiving fund will probably provide you with this form, otherwise you can download it yourself from the ATO website. Elect on the appropriate form either to pay this tax personally or out of the fund itself, depending on your answer to question 3 above. 5. If you elect to pay the tax personally don't forget to put the details in your next Australian tax return.

In Queensland (closely similar in other States and Territories) the real estate agents are bound by the Property Agents and Motor Dealers Code of Conduct Regulation 2001. Real estate agents are only allowed to practice if they are licensed, and if they breach a regulation they could be fined or have the licence revoked. In practice, they are very careful to comply with the code. Regulation 40 provides that they must not use or disclose confidential information about a customer obtained while acting for the client or dealing with the customer without the customer's consent in writing, and they must not use or disclose it unlawfully. When you apply for a tenancy you will have to fill out an application form. These forms vary but you will probably find they contain a statement about the use to which your personal information will be put. You will need to read and understand this statement. And if you want to restrict this, write on the form your own conditions for example "personal information other than applicant's name to be restricted to the agent" or "bank statements and copy passport to be destroyed at end of tenancy" or "please treat all personal information as confidential" or suchlike. Point out to the agent you have done this. You will probably be regarded as potentially a pedantic nightmare tenant, however.

Well, my original long response to Sapphire does I believe, give useful assistance. Please read it if you haven't already done so. Since my original long response people have been disagreeing about whether Sapphire's friend's son should go to the CAB or to ACAS first. I don't regard that as helpful. The fact is that the 3 month time limit for bringing a Tribunal claim will still be ticking away while discussing matters with ACAS. The only way to stop the clock will be to bring a Tribunal claim. ACAS will not be able to prepare such a claim - after all, they are only a conciliation service. Yes, ACAS will then get involved. Yes, you can go to ACAS without a claim having been made and indeed recently COT3 settlements signed off by ACAS have become very popular because of a mistake made in the Equality Act 2010 which required all binding settlements to go through ACAS (soon to be corrected). Yes, it is good practice to put in a written grievance but no it was wrong to say that this must be done before a claim may be brought. I am simply ensuring that Sapphire's friend's son is not misled by these earlier erroneous comments.

You can't lodge a claim with ACAS.

Sorry, I don't agree:- (a) ACAS are currently very pressed and cannot make a claim for someone who rings up. The CAB or a legal advice centre or a solicitor can prepare the necessary paperwork and make the claim (or prepare it so that the friend's son can do so himself). (b) The need for a written grievance before being able to make a claim was abolished as from 6 April 2009.

Hi No More Fruit Salad Welcome to the forum. I am a lawyer with a practice both in London (still) and in Aus. Feel welcome to private message me if you want confidential discussion. One thing I was concerned about when moving to Aus was how I would be accepted here both socially and in my work. But I needn't have worried about this at all. There is a really close affinity between Australia and the UK. The Aus lawyers start off on the assumption that UK lawyers will be able to work here without any problems at all. I think this comes from the fact that many Aus lawyers have worked or studied in the UK themselves so working with UK lawyers is very familiar to them. The legal systems are closely similar, except for the federal/state and territory distinctions and employment law both of which are quite "baffling" (I am quoting an Aus lawyer here). By the way don't throw away your UK lawbooks. For some subjects over here they actually use UK lawbooks! For others they have "Australian" versions of UK lawbooks. And of course they quite often cite UK authorities where there is no good Australian authority on a particular point. Sorry I can't help with the legal recruitment agents since I did not go down that route. As for a good removal company we found John Mason to be excellent and well priced. However, I would recommend getting a quote from another company before asking John Mason to quote, and let them know you have done this.

Hi Jnoh316 I agree with calNgary about the documents you need. You will find that everything is very well regulated and the real estate agents tend (usually) to follow the rules precisely. For example there is a standard rental bond with procedures for its return at the end of the tenancy, there are entry condition reports and standard term documents. A couple of things to look out for in the agreement are whether you have to look after the "yard" (garden) yourself, whether the landlord will be paying for regular pool maintenance or you will, and whether you pay for excess water or not. Otherwise all costs are usually included. And often the weekly rental price is negotiable downwards (this will depend on your area). If you appear to be presentable and good for the money, the owner may well prefer you as a tenant over for example young sharers or people with animals or (sometimes) children and may be willing to accept your lower offer. Leases are for 6 or 12 months usually, but if you overstay it turns into a periodic tenancy automatically. There are provisions for rent increases but only if they are reasonable. In the case of dispute, there is a government authority to conciliate and if that doesn't work there is a low-cost tribunal to decide the dispute. It's all very organised!

Hi Troy79 Please don't accept this as tax advice, but in terms of Australian dollars you have made no gain at all. And since you have been resident in Australia for tax purposes during the period over which the exchange rate has moved, it is right to consider your assets in terms of Australian dollars and not in any other currency (ie. no gain). Further, during the same period, any gains you have made in terms of British Pounds are not taxable by HM Revenue and Customs (UK). This is because you have not been resident in the UK over that period. This assumes of course, that your tax residency has been clear cut, and there is no question for example of dual tax residency.

Hi Sapphire The recommendation that your friend's son should go to the Citizens Advice Bureau is a good one. Or there may be a legal advice centre nearby which may be able to help. As for the wages and commission arrangement, it sounds as though his basic wage may have been below the minimum wage (the rate of this would depend on his age), and the "guaranteed" commission was a way to make up for this deficit. Of course if this was the case, then it is wrong to claw back this top-up. If there are any deductions from his final pay packet to which he has not agreed in writing beforehand, then these are not permitted and he would be able to claim these back. Not being paid over Christmas, when everyone else was, may be a deduction from wages which can be claimed from the employer. It does not seem likely that he was given written particulars of employment. Where an employer failed to do this the employee can claim two or four weeks wages in compensation if it is linked to another claim. As for the racist remarks, this would appear to give your friend's son a right to make a claim for race discrimination in the Employment Tribunal. It is possible that he was shut out from earning commission because of his race, which would also be discrimination. As would being sacked. However, it is possible that he was sacked not because of his race but because he made a complaint about the remarks or being shut out from earning commission, in which case this is victimisation which is another claim which he can make. These are all claims under the Equality Act 2010. Of course if he was sacked because he was a bad worker or for other reasons which your friend is not aware of, then he would lose this claim. Your friend's son would have no claim for unfair dismissal because he would need to have been working there for a year for this to apply (soon to increase to two years). There are exceptions to this, but I don't think any such exception applies in this case. The reference to "probation period" has no real meaning or effect in law. It makes no difference to the legal rights and obligations. When someone complains about things such as racist remarks or being shut out from earnings commission, this is a grievance which the employers are obliged to treat seriously by investigating and holding meetings etc. If they don't do this, then any award for compensation can be increased by up to 25%. Starting a claim in the Employment Tribunal is currently free, although the government will be changing this soon. If your friend's son can't find a Citizens Advice Bureau or legal advice centre to help, there are solicitors who will present a case on a "non win no fee" basis. Your friend's son should be aware that there is a 3 month time limit to go to the Employment Tribunal from the time of the event complained of. He needs to act quickly because some complaints go back some time.

Well, thanks for the answers - on the strength of your recommendation I did buy a tub of Nestlé Connoisseur, but on the pack is was described as "smooth" which was rather worrying since to me, good ice cream has to be "rough". Sure enough, I found it to be quite flabby but fairly good tasting. However the real downer was that it is 19.5% sugar, which is far too much to my mind. I thought it tasted rather sweet. I wonder if the flabbiness of Australian ice cream is due to not using Guar Gum, which is used in British ice-creams. I noticed that on all the Australian tubs, it states only "vegetable gum", not Guar Gum. I believe the gum is responsible for binding the ice-cream together. Guar gum has been banned in the US, and it is possible it is not used in Australia. Here is an article stating that Guar Gum diet pills have been banned in Australia: http://www.ncbi.nlm.nih.gov/pubmed/1329494 because of the gastro-intestinal problems that might ensue from using them. Does anyone know where I can find Guar Gum based ice-cream in Australia?