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Bit of a strange one


paul566

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Hi.

 

I am currently living in Australia on a 457 Visa and because we live in regional Oz and the rent is extremely high (Being a Miners town) my company pay its employees up to $500 per week rental assistance.

 

My question is. I have just received an email from the HR dept at work saying that because im on a 457 visa i will now have to pay $300 towards my rent and they will only add up too $400 per week on top of that. The reason the gave was because of the Fringe benefits Tax for 457 workers.

 

I just want to know 1) what is the fringe benefit tax they are going on about and 2) are they allowed to give me a different (Smaller) allowance than the rest of the guys at work that are either Permanent residents or Australian Nationals.

 

Feeling slightly discriminated against

 

Thanks for your reply

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I think this might be more related to LAFHA (Living Away from Home Allowance so it is best to check with them. This was an allowance if you had tolive away from home. Great if you live in one part of Oz and working in the mines somewhere else (say Mt Isa) but i know it was taken away from most 457 as you have not moved from one part of Oz to temporarily live in another for work. They woud say you have moved from abroad to the town where you work so you are not living away from home.

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I think this might be more related to LAFHA (Living Away from Home Allowance so it is best to check with them. This was an allowance if you had tolive away from home. Great if you live in one part of Oz and working in the mines somewhere else (say Mt Isa) but i know it was taken away from most 457 as you have not moved from one part of Oz to temporarily live in another for work. They woud say you have moved from abroad to the town where you work so you are not living away from home.

 

Agreed. And the help with the rent will be probably be classed as a benefit in kind which is what makes it attract fringe benefit tax. Whether the company can then pay you less though I have no idea - that would depend on what is in your contract.

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Lots of people living in cities in Australia on 457 visas were claiming the LAFHA as well saying as they were on a 'temporary' visa, their main home was actually England (or wherever) and living anywhere in Australia was therefore counted as "away from home". I think this is why it was stopped for people on 457s, or at least limited. When we pay it at work (for someone travelling on business for instance) it is $150 a day.

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hey guys the thing is everyone else at work gets $500 p/w rental assistance im the only guy there on a 457 and they are changing mine so that i have to pay the first 300 towards a rental property then they will top it up by up to $400. noone else there has to pay the $300 and they all get $500

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457 Visa Holders—Your Rights at Work

You have rights when you work in Australia

The Fair Work Ombudsman and the Department of Immigration and Citizenship (DIAC) work together to help you understand your legal rights when working in Australia.

Your employer must comply with both Australian workplace laws and immigration laws.

There is nothing pacific to your question on hand but l would highly recommend that you contact these people and they can officially point you in the right direction...... http://www.fairwork.gov.au/factsheets/FWO-fact-sheet-DIAC-457-visas.pdf

hey guys the thing is everyone else at work gets $500 p/w rental assistance im the only guy there on a 457 and they are changing mine so that i have to pay the first 300 towards a rental property then they will top it up by up to $400. noone else there has to pay the $300 and they all get $500
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