airlineguy1980

any one in similar boat. I am working in dubai. my wife and kids live in aussie. I fly every month a week to be near them. my wife have a tax file number. i do not have tax file number. do i have to declare my overseas income to aussie tax office. their resident rules look very confusing. I live in company provided accomodation in dubai and living alone.

Amazulu

Are you PR or a citizen of Australia? Do you maintain a home here? If so, depending on the time you spend in Australia and overseas, you may be seen as tax resident here and would be liable for Australian tax

This is a complex area and you need to get proper advice. Lot's of people get caught up in this. You could also not do anything - I'm sure there's plenty of people doing that!

spouse of scouse

I know a few people who work fly in/out overseas, and are Australian residents for tax purposes even though they spend more time out of the country than in it. The main reason for their 'resident for tax purposes' status is that their permanent home is in Australia. The premise the ATO uses for this is the 'domicile' test.

Your Dubai salary is probably tax-free over there, but I'm pretty sure it won't be here.

spouse of scouse

Agree that a tax accountant is the best way to go. If the OP is a resident for tax purposes and doesn't declare his income, the ATO will catch up with him - they always do. The ATO is linked with Immigration, Centrelink and all govt. departments, there's no escaping the buggers.

Amazulu

It's hugely complex. I know people who are not tax resident despite having homes here. Others get caught out by ticking the 'leaving temporarily' box on the departure form - yes the ATO checks these!

northernbird

To Amazulu, sorry forgot to quote your post. I'd love to know how they manage that. It drives my ex mad that he has to pay such a huge sum to the ATO even though he works overseas, gets paid overseas and it's only because the kids and I are here that he has to declare it here.

Amazulu

I'm no expert but my understanding is that it comes down to intent. If you intend to remain out of Australia and do so for 2 years, then you are not tax resident - among other criteria

I know of guys who ticked 'departing temporarily' on their departure card and were nailed when they came back. Other guys who went on the same contract and ticked 'departing permanently' were okay

I think the interpretation of the rules by the tax official is critical too - some may be more clued up than others

In your situation - if your ex has no intention of coming back then maybe he can use that? maybe being an ex could have a bearing?

Like I said, I'm no expert. Don't quote me!

Alan Collett

https://www.ato.gov.au/law/view/docu.../NAT/ATO/00001

The Engineering Manager and Commissioner of Taxation [2014] AATA 969 (24 December 2014)

http://www.cgw.com.au/publication/th...s-think-again/

3 links that you may find useful ...

Best regards.