Biker Dave Posted December 5, 2017 Share Posted December 5, 2017 I am currently waiting for a decision on my 801 Partner Visa which has an estimated processing time of 16 - 22 months. I have been living here since July 2015 with my Australian wife on a temporary partner visa. I applied for my partner visa in September this year. Because I am not a permanent resident here I have kept an address in the UK (My sons) and this is the address HMRC has for me. Can I apply to be taxed in Australia even though I am not officially a resident yet? I am retired on a UK pension. This has raised it's head because Lloyds Bank in the UK have sent a form for me to fill in asking for my country of residence for tax purposes due to a change in international tax legislation. Because when I do a transaction with my UK bank account they have to ring my mobile which is Australian they think I am resident for tax purposes in Australia. Can anyone advise me what to do before this gets messy? TIA Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 5, 2017 Share Posted December 5, 2017 I would say you are probably resident in Australia for tax purposes and have been some time. Being on a temp visa does not mean you are not resident. Far from it. Quote Link to comment Share on other sites More sharing options...
Guest Posted December 5, 2017 Share Posted December 5, 2017 I would agree with VS. Quote Link to comment Share on other sites More sharing options...
ramot Posted December 5, 2017 Share Posted December 5, 2017 Think it would be best to get professional advice suggest you check with Allan Collet. No idea if this helps, But we have been temporary residents for 14 years, but as all our income comes from UK we pay tax there. 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted December 5, 2017 Share Posted December 5, 2017 You should have changed your address with your UK bank. Your residential address is in Australia and has been for over 2 years. You could ask the bank to use your sons address as a correspondence address but you don't live there so they need your home address on file and country of residence. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 5, 2017 Share Posted December 5, 2017 Sounds like you've been an Australian resident since 2015 and should have already filed 2 tax returns here. It doesn't matter what address you're using for overseas mail. Quote Link to comment Share on other sites More sharing options...
ramot Posted December 5, 2017 Share Posted December 5, 2017 3 hours ago, Tulip1 said: You should have changed your address with your UK bank. Your residential address is in Australia and has been for over 2 years. You could ask the bank to use your sons address as a correspondence address but you don't live there so they need your home address on file and country of residence. As Tulip says, our UK bank accounts have our Australian address, never posed a problem. We have had the same letter from our UK banks, will confirm later how we answered, it's quite normal to receive them if you have a UK bank account.My husband is a bit more clued up than I am so will find out exactly what we do, but tax wise as far as I know, it depends on where your income comes from when you are on a temporary visa here. If you earn money here that changes the situation. Again my advice is to contact Allan Collett about tax queries rather than giving incorrect advice. Quote Link to comment Share on other sites More sharing options...
Biker Dave Posted December 6, 2017 Author Share Posted December 6, 2017 Thanks all. Some conflicting advice. I have applied to the Australian Tax office for a TFN number in case I get a part time job here. I will write to HMRC and ask them what I should do as my income is from the UK. I have received my tax calculation for 2016/2017 from HMRC BTW. Quote Link to comment Share on other sites More sharing options...
ramot Posted December 6, 2017 Share Posted December 6, 2017 22 hours ago, Biker Dave said: I am currently waiting for a decision on my 801 Partner Visa which has an estimated processing time of 16 - 22 months. I have been living here since July 2015 with my Australian wife on a temporary partner visa. I applied for my partner visa in September this year. Because I am not a permanent resident here I have kept an address in the UK (My sons) and this is the address HMRC has for me. Can I apply to be taxed in Australia even though I am not officially a resident yet? I am retired on a UK pension. This has raised it's head because Lloyds Bank in the UK have sent a form for me to fill in asking for my country of residence for tax purposes due to a change in international tax legislation. Because when I do a transaction with my UK bank account they have to ring my mobile which is Australian they think I am resident for tax purposes in Australia. Can anyone advise me what to do before this gets messy? TIA We put Australia as our country of resistance. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 7, 2017 Share Posted December 7, 2017 On 06/12/2017 at 14:08, Biker Dave said: Thanks all. Some conflicting advice. I have applied to the Australian Tax office for a TFN number in case I get a part time job here. I will write to HMRC and ask them what I should do as my income is from the UK. I have received my tax calculation for 2016/2017 from HMRC BTW. I'm not seeing a lot of conflicting advice here. If you have been living in Australia since 2015 you have almost certainly been a tax resident of Aus since that time, with your worldwide income subject to tax in Australia. Although you have had a temporary partner visa the fact that you have an Australian wife/partner means you cannot access the tax exemption that is available in Australia to temporary visa holders whereby overseas source interest/investment income is not taxed in Australia. A TFN should have been obtained from the ATO when you arrived. With an Australian address the UK bank should have been withholding tax at 10% from interest credited to your accounts under the provisions of the Tax Treaty between the UK and Australia. It may well be that professional support is now required to regularise your tax position in each country. Best regards. 1 Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 7, 2017 Share Posted December 7, 2017 On 06/12/2017 at 14:08, Biker Dave said: Thanks all. Some conflicting advice. I have applied to the Australian Tax office for a TFN number in case I get a part time job here. I will write to HMRC and ask them what I should do as my income is from the UK. I have received my tax calculation for 2016/2017 from HMRC BTW. Writing to HMRC in an effort to clarify the tax position in Australia is unlikely to elicit meaningful advice on which you can rely - in my experience. Best regards. Quote Link to comment Share on other sites More sharing options...
Biker Dave Posted December 7, 2017 Author Share Posted December 7, 2017 (edited) 47 minutes ago, Alan Collett said: Writing to HMRC in an effort to clarify the tax position in Australia is unlikely to elicit meaningful advice on which you can rely - in my experience. Best regards. Thanks Alan. Ramot posted that they were temporary residents and because like me their income comes from the UK they pay tax there. This is what I was told by some "expert" so I delayed telling HMRC that I was here until I get hopefully my Permanant Partner Visa. When I found out that can be another 22 months I decided to act. Hindsight is a wonderful thing!! I only have a State Pension and a small private pension from the UK no other worldwide income. Edited December 7, 2017 by Biker Dave Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 7, 2017 Share Posted December 7, 2017 https://www.ato.gov.au/Individuals/International-tax-for-individuals/In-detail/Foreign-income-of-Australian-residents/Foreign-income-exemption-for-temporary-residents---introduction/ It is generally best to find the right expert ... :-) Best regards. Quote Link to comment Share on other sites More sharing options...
Biker Dave Posted December 7, 2017 Author Share Posted December 7, 2017 6 minutes ago, Alan Collett said: https://www.ato.gov.au/Individuals/International-tax-for-individuals/In-detail/Foreign-income-of-Australian-residents/Foreign-income-exemption-for-temporary-residents---introduction/ It is generally best to find the right expert ... :-) Best regards. Thank you. I will digest this tonight. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 7, 2017 Share Posted December 7, 2017 16 hours ago, Biker Dave said: Ramot posted that they were temporary residents and because like me their income comes from the UK they pay tax there. This is what I was told by some "expert" so I delayed telling HMRC that I was here until I get hopefully my Permanant Partner Visa. No disrespect is intended towards Ramot (I'm not picking on you, just using this as a convenient example), but you should always be cautious about information received from people on forums because a) their situation may be different than yours - even small situation differences can lead to very different outcomes, b) things may have changed between then and now (their situation and yours), and c) because they may be wrong. I'm not sure whether you needed to tell HMRC about your move to Australia, but certainly you should have told ATO through applying for a TFN and filing tax returns. I realise Ramot isn't giving you advice and she simply said what applies to her and her husband, but often I see people acting on what they read and it can be very dangerous. Always best to consult a registered migration agent, a tax agent, etc. Quote Link to comment Share on other sites More sharing options...
ramot Posted December 8, 2017 Share Posted December 8, 2017 (edited) 4 hours ago, MaggieMay24 said: No disrespect is intended towards Ramot (I'm not picking on you, just using this as a convenient example), but you should always be cautious about information received from people on forums because a) their situation may be different than yours - even small situation differences can lead to very different outcomes, b) things may have changed between then and now (their situation and yours), and c) because they may be wrong. I'm not sure whether you needed to tell HMRC about your move to Australia, but certainly you should have told ATO through applying for a TFN and filing tax returns. I realise Ramot isn't giving you advice and she simply said what applies to her and her husband, but often I see people acting on what they read and it can be very dangerous. Always best to consult a registered migration agent, a tax agent, etc. The advice I actually gave in both posts was to consult Allan Collett Edited December 8, 2017 by ramot Quote Link to comment Share on other sites More sharing options...
Biker Dave Posted December 8, 2017 Author Share Posted December 8, 2017 Yes you did Ramot. Thank you. I will consult a local tax agent up here in the NT. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 8, 2017 Share Posted December 8, 2017 You won't find (m)any tax advisors competent in UK and Aus tax in the NT. I recommend that you consider instructing further afield. Best regards. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 8, 2017 Share Posted December 8, 2017 My advice would be to contact Alan. His details are in his signature and he is one of the VERY few people who are expert in tax in the UK and Oz. Quote Link to comment Share on other sites More sharing options...
Biker Dave Posted December 8, 2017 Author Share Posted December 8, 2017 I am in contact with Alan now thanks. Quote Link to comment Share on other sites More sharing options...
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