franky Posted February 16, 2014 Share Posted February 16, 2014 Hi all, Just what it says. I'm applying for a student visa and am wondering whether I can rightfully claim to have no outstanding debts to the Australian government, as I haven't yet lodged my tax return from my Working Holiday year. I contacted the ATO to ask whether I owed any tax, and they basically said that while they don't currently have any record of me owing them anything, they won't be able to know for sure until I lodge my return. So essentially it's not that I owe any tax, but that I don't know whether I owe any tax or not (and neither does the ATO). I do plan on filing the return and obviously do not plan on evading any tax liability, but for many reasons, I'd prefer to take care of the tax return once I'm back on Australian soil. My question is whether this "no man's land" I'm in right now will pose an issue for DIAC in granting me a student visa? Can I rightfully answer "no" to the question of outstanding debts? Technically, I don't have any; I just wouldn't want them to get suspicious when they see an unlodged return and deny my visa. Any advice would be appreciated. Cheers! Link to comment Share on other sites More sharing options...
lebourvellec Posted February 16, 2014 Share Posted February 16, 2014 Welcome to PIO No - an un-lodged tax return would not be considered an debt to the Australian Government - as temp residents are not legally required to lodge tax returns. Link to comment Share on other sites More sharing options...
Killara Posted February 17, 2014 Share Posted February 17, 2014 Temporary residents are not exempt from lodging tax returns in Australia. The ATO has a useful tool for determining whether you are required to file a tax return : http://calculators.ato.gov.au/scripts/axos/axos.asp?CONTEXT=&KBS=Lodge13.XR4&go=ok Link to comment Share on other sites More sharing options...
Killara Posted February 17, 2014 Share Posted February 17, 2014 As to whether OP can rightfully answer "no" to the question of whether he owes an outstanding debt to the Australian government, I think OP should first try to determine whether he is likely to owe a debt to the Australian government when the tax return is done - this might require the advice of a tax consultant / accountant if OP is unsure. If OP comes to the conclusion that when the tax return is filed, he will not owe a debt, then I think that he can answer the question as "no" but I would recommend putting in a clarification of answer explaining that he has to file a tax return but that to the best of his knowledge and belief, when the tax return is filed, he will not owe a debt to the Australian government, and explain why he thinks he will not owe a debt (e.g. that only income was an employee and employer withheld tax). If OP thinks that following filing of tax return that he will likely have a debt to pay, then he should answer the question as "yes" and provide the clarification as to debt that he believes he will have when the tax return is filed,and how he intends to pay it. If possible, I would suggest filing the tax return before the student visa application, so that the answer to this question is known, but if that is not possible, then I recommend the above approach. Link to comment Share on other sites More sharing options...
Janna91 Posted February 25, 2014 Share Posted February 25, 2014 Hi franky! I habe exactly the same problem. It would be highly appreciated if you could give me a short update how you decided to go about it and whether it worked. Thanks so much! You can pm me as well. Cheers! Janna Link to comment Share on other sites More sharing options...
blossom Posted February 25, 2014 Share Posted February 25, 2014 Welcome to PIO No - an un-lodged tax return would not be considered an debt to the Australian Government - as temp residents are not legally required to lodge tax returns. We were temp residents for five years and were told it WAS a legal requirement. Link to comment Share on other sites More sharing options...
wrussell Posted February 25, 2014 Share Posted February 25, 2014 Just what it says. I'm applying for a student visa and am wondering whether I can rightfully claim to have no outstanding debts to the Australian government ... Yes. Link to comment Share on other sites More sharing options...
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