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Moving from... Australia
Welcome to your tax
information guide on leaving Australia. Our detailed Q&A guide
has been split into 6 key areas in order to help you find the
information you need – quickly and easily! If you require
further help, simply
click here to contact us.
This guide is for reference
only and professional tax advice should be taken before any
action is taken.
Before/Once you depart
Q.
Should I complete any documentation prior to leaving Australia?
A. If you will become a non-resident of Australia for
tax purposes, you should advise all financial institutions. This
will ensure that the required withholding tax is deducted.
Failure to notify the financial institutions may result in
penalty tax being payable.
Q.
Should I open an offshore bank account?
A. If you are non-resident you will not be liable to tax
in respect of interest income earned overseas and therefore an
offshore bank account structure may be advisable.
Tax - Basics
Q.
Will I be regarded as not resident in Australia during my period
overseas?
A. A number of factors will be considered when
determining your Australian residence status while overseas, as
follows:
-
The
length of time away from Australia,
-
Whether
your family accompanies you to the host country,
-
Whether
you retain your Australian home,
-
Whether
you rent your home to a third party,
-
The
extent of other economic ties such as bank accounts and other
assets held in Australia.
Whether
you are a resident of Australia for taxation purposes is a
question of fact and circumstances, and must be determined on a
year-by-year basis by reference to the particular circumstances.
The tax
authorities will initially look at the length of your absence as
the primary indicator. If you are absent for a period of less
than two years, then, on the face of it, you will be considered
as remaining a resident of Australia for taxation purposes
during an overseas assignment. Where the assignment is
anticipated to be for more than two years, the individual would
normally be considered to become non-resident from the date of
departure.
Foreign
nationals who are departing Australia permanently will become
non-resident from the date of their departure.
Tax - Administration
Q. Will I still need to
complete an Australian tax return after my departure?
A. If you remain resident in
Australia you will continue to be subject to Australian tax on
worldwide income and capital gains and must report this on an
Australian income tax return.
If you become a non-resident
of Australia you will need to file a tax return to report
Australian source income and capital gains where such income is
not subject to non-resident withholding tax.
Tax - Income from Employment
Q. Will
I have to pay Australian tax in respect of the employment income
I will earn overseas?
A. This will depend on your
Australian residence status. If you are a non-resident you will
not be liable to Australian tax in respect of earnings from an
overseas employment.
If you
remain tax resident, your foreign source employment income will
be exempt from Australian tax providing you work overseas for a
period exceeding 90 days and the income is either subject to tax
in the country of source or exempt from tax in the country of
source for reasons other than the operation of a double tax
treaty or a general feature of the source country’s tax law.
While the foreign employment
income is exempt from tax, it is taken into account when
calculating the tax payable on non-exempt income.
Tax - Other
Q. Will
I have to pay tax in respect of Australian investment income
earned while overseas?
A. Australian source dividend
and interest income received by a non-resident of Australia is
not subject to Australian income tax, but to withholding tax
only.
Franked
dividends are exempt from withholding, unfranked dividends are
subject to a withholding of 30%, and interest is subject to a
withholding of 10%.
If you
remain resident, your investment income will remain subject to
Australian tax.
Q. I
plan to sell my Australian property while overseas. Are there
any capital gains tax implications?
A. The gain from the sale of
a “principal residence” is not subject to tax in Australia,
unless you are absent from the home for six years and it is
rented out. If the home is not rented, it will remain exempt
from capital gains tax indefinitely provided you do not elect
another principal residence
Q. Will
I remain liable to Australian tax on capital gains tax while
outside Australia?
A. If you remain tax resident
in Australia you will be liable for tax on gains from the
disposal of all assets, worldwide, unless specifically
excluded. If a gain from the disposal of an asset located
abroad has already been subject to a foreign capital gains tax,
you may be able to claim a credit against Australian tax for the
foreign tax paid.
If you are
no longer tax resident you are liable to tax on gains from the
disposal of specific types of assets that are associated with
Australia, known as assets having the necessary connection with
Australia. The liability may be further restricted under the
terms of a double tax treaty.
A special
deemed disposal and acquisition rule applies when there is a
change in your tax residence status. When you cease to be
resident in Australia for tax purposes you are generally deemed
to have disposed of all assets acquired since 19 September 1985,
other than assets having the necessary connection with
Australia, for their market value. If you become resident in
Australia while owning assets acquired after 19 September 1985,
other than assets having the necessary connection with
Australia, you are deemed to have acquired those assets at the
time you become resident at their then market value.
It is possible to elect to
override the deemed disposal rule on all affected assets and
defer any tax charge until the assets are actually disposed of
at some later date following departure. Furthermore, if you
have been resident for fewer than five out of the ten years
immediately preceding your departure, you are not deemed to have
disposed of any assets owned at the time you became resident, or
any assets acquired by inheritance whilst a resident.
Social Security
Q. What
Social Security contributions will I pay when abroad?
A. If you
are non-resident while abroad, you are not subject to the
Medicare levy.
If you
remain resident while abroad, you will be subject to the
Medicare levy of 1.5% of taxable income while abroad and
potentially to the additional Medicare surcharge of 1% if you do
not have adequate health cover with an Australian registered
fund.
Your
employer is required to make the minimal annual Superannuation
contributions for you unless:
-
Salary or wages are paid to an
employee who is not a resident of Australia for work performed
outside
Australia; and
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Salary or wages
paid by an employer who is not a resident of Australia to an
employee who is a resident of Australia for work performed
outside Australia.
Therefore, if you
are non-resident your employer may stop making Superannuation
contributions for you. If you remain resident, your employer
will continue making contributions unless certain circumstances
exist.
Some employers
continue to make Superannuation contributions even though not
required. Ongoing employer contributions may not be tax
effective for the purposes of host country taxation if you
reside overseas.
Australia is entering into
totalisation agreements with a number of other countries e.g. US,
the Netherlands, Portugal, which generally seek to avoid double
Social Security coverage. The specific rules of each host
country must be reviewed in each case as the outcome can depend
on a number of factors e.g. Employer, payroll location etc.
Generally, if you leave Australia and are employed by a local
entity in the country you are going to, you will be required to
pay social security in that country from the start of your
employment.
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