Guest tom_2008 Posted July 22, 2008 Share Posted July 22, 2008 Hi, This a peculiar case where my organization is giving me LAFHA even though I am on a Permanent Resident visa. When I was deputed for a one year contract to Australia by my Orgn., I was already having a permanent residency. My deputation letter clearly states that my contract is currently for one year (it might be extended or shortened depending on my orgn. requirements) and I will have to return back to UK once my contract is over.Moreover certain portion of my current Salary is still paid to me in pounds in UK (equivalent to my Base salary in UK) and the rest is paid in Australian Dollars. My orgn. also took a LAFHA declaration from me. I have the following queries - 1) Am I eligible for LAFHA under such a scenario? 2) Incase I am not eligible then who is responsible for paying back the rest of the amount to ATO.Whether me or my employer? Basically whose fault will it be considered if I am not eligible? Any information would be really appreciated. Regards Tom Link to comment Share on other sites More sharing options...
Guest itskaren Posted July 29, 2008 Share Posted July 29, 2008 Hi, This a peculiar case where my organization is giving me LAFHA even though I am on a Permanent Resident visa. When I was deputed for a one year contract to Australia by my Orgn., I was already having a permanent residency. My deputation letter clearly states that my contract is currently for one year (it might be extended or shortened depending on my orgn. requirements) and I will have to return back to UK once my contract is over.Moreover certain portion of my current Salary is still paid to me in pounds in UK (equivalent to my Base salary in UK) and the rest is paid in Australian Dollars. My orgn. also took a LAFHA declaration from me. I have the following queries - 1) Am I eligible for LAFHA under such a scenario? 2) Incase I am not eligible then who is responsible for paying back the rest of the amount to ATO.Whether me or my employer? Basically whose fault will it be considered if I am not eligible? Any information would be really appreciated. Regards Tom Hi Tom I have been told that we are not entitled to LAFHA if you apply or are on a perm visa Only if it is a temporary one and employers agree! Good luck Link to comment Share on other sites More sharing options...
Guest EM&M Posted July 31, 2008 Share Posted July 31, 2008 As far as I am aware you can only claim LAFHA on a temp visa. The idea is that you are "living away from home" if you are a resident of Australia then you are not residing away from your permanet residence. As for paying it back I would imagine that if your circumstances change then you are liable to imform them. Em x Link to comment Share on other sites More sharing options...
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