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"Resident for tax purposes" question


tomtam

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Hi all,

 

I've been in Aus since early January and working since early February. I am on a working holiday visa. When filling in my tax file number form etc, there was a box to tick if I am resident for tax purposes. I wasn't sure what to put, and upon asking my company they said to tick it (I told them I am on a working holiday).

 

It since seems of course, that I am not officially resident for tax purposes on this visa, unless I am stationary for 183 days in the tax year. Sadly I will be about 10 days short of that criteria. So basically I think I've been underpaying tax essentially?

 

I am off to live in NZ as of July. I am told I MUST fill out a tax return for my time in Aus or I will get a fine. But then I will surely alert them to the fact that I have underpaid tax? I would like to keep the door open to be able to work here again, so don't want to leave a black mark on my name.

 

What are people's opinions?

 

Thanks

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There wouldn't be a black mark on your name, you'll just get a bill.

 

But if I fill in my return as a non-resident, I will owe them thousands. If I was resident for tax purposes, I would be owed a fair bit back. How lenient are they when it comes to meeting the threshold? Some places it is shown as 6 months, others as exactly 183 days.

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I may be wrong but I don't think the 6 months have to be in 1 tax year. As long as it is 6 continuous months. There is a tool on ATO website to help work it out.

 

EDITED: There is a calculation for the tax fee threshold to take into account exactly this situation. Unlike the UK you do not received the whole threshold amount, nor is it pro-rata. Is it something like $7K + x/month of stay. Up to maximum of $18200. Again, the ATO website can work this out for you.

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But if I fill in my return as a non-resident, I will owe them thousands. If I was resident for tax purposes, I would be owed a fair bit back. How lenient are they when it comes to meeting the threshold? Some places it is shown as 6 months, others as exactly 183 days.

Thousands? Surely cant be that bad if you only been working for them for 6 months!

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Thousands? Surely cant be that bad if you only been working for them for 6 months!

 

If you are not resident for tax purposes then you get no tax free allowance right? So 5 months I should have been getting taxed on the first $18k of my annual pay? Not quite sure how to work it out correctly?

 

Perhaps $1.5k per month ($18k divide by 12) x 5 months = $7.5k is what I haven't been taxed on but should have been? So 32% of that is $2400?

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But if I fill in my return as a non-resident, I will owe them thousands. If I was resident for tax purposes, I would be owed a fair bit back. How lenient are they when it comes to meeting the threshold? Some places it is shown as 6 months, others as exactly 183 days.

 

According to the ATO test, I am resident then... But it's a bit of a grey area. The 6 month question asks 'do you intend' to stay for 6 months or more. My intention when filling out my tax form certainly was so, however life changes...

 

I guess my best bet is just to file the tax return next month anyway.

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Are you an Australian resident for tax purposes?

 

Generally, we consider you to be an Australian resident for tax purposes if you:

 

 

  • have always lived in Australia or have come to Australia to live
  • have been in Australia for more than half of the income year (unless your usual home is overseas and you don't intend to live in Australia - for example, you are a working holidaymaker), or
  • are an overseas student enrolled in a course of study of more than six months duration.
  • This is from the ATO website hope it helps

 

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Oh well, if you got to pay you got to! At least you can come back without any worries, they will probably let you pay a big amount up. Dont you know anyone else who's been on a WHV that can tell you?

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