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Income tax on 457 visa?

Income tax on 457 visa?

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Old Apr 16th 2008, 10:00 am
  #16  
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Default Re: Income tax on 457 visa?

Originally Posted by northernbird
I think it is a bit of a grey area to be honest. This said, my understanding is that the LAFHA is available to individuals who are living away from their "usual place of abode." In other words there has to be an intention to return from whence you came and you are being compensated for being away. If you don't have a residence in the place from whence you came (the UK) it could be argued that you may not intend to return to England, irrespective of your visa category (which doesn't provide for automatic permanent residency). I don't think it is as cut and dry as you are making out hence a lot of employers not willing to offer it as the tax liability is with them and not the individual.
I think the income tax is pretty straight forward, but the LAFHA seems to be a nightmare, and as we are wanting to buy house and stay in Oz permanently, we thought we would just leave well alone, and just be grateful that we aren't placed in a higher tax bracket on account of being temp. This is all based on the assumption we can actually get PR
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Old Apr 16th 2008, 11:38 am
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Default Re: Income tax on 457 visa?

Originally Posted by northernbird
I think it is a bit of a grey area to be honest. This said, my understanding is that the LAFHA is available to individuals who are living away from their "usual place of abode." In other words there has to be an intention to return from whence you came and you are being compensated for being away. If you don't have a residence in the place from whence you came (the UK) it could be argued that you may not intend to return to England, irrespective of your visa category (which doesn't provide for automatic permanent residency). I don't think it is as cut and dry as you are making out hence a lot of employers not willing to offer it as the tax liability is with them and not the individual.
Sorry, you are so wrong. A 457 Visa is a temp residency so therefore the intention to return is mandated whether you like it or not, irrespective of whether you own in the UK. It is not a grey area at all, it is extremely straightforward but some smaller companies are just scared to talk to the ATO to sort it. The food element is statuted based upon size of family, the rental element is based upon a reasonable rental, i.e a single guy renting a 5 bed penthouse at $2000 a week is NOT reasonable, but that is for the company to moderate. The company suffers no tax liability as the food element is completly no Fringe Benefit Tax and the rental element is taken as essential and all it takes is a decent HR/Mobility Coordinator to set it up and agree it with new migrant employees.
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Old Apr 16th 2008, 11:41 am
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Default Re: Income tax on 457 visa?

Originally Posted by winedonju
I think the income tax is pretty straight forward, but the LAFHA seems to be a nightmare, and as we are wanting to buy house and stay in Oz permanently, we thought we would just leave well alone, and just be grateful that we aren't placed in a higher tax bracket on account of being temp. This is all based on the assumption we can actually get PR
Have you asked about LAFHA from your employer? They may be aware of it and if not may be happy to check it out, it really is of no consequence to them financially. It would be worth you claiming it initially while you rent temp accom and until you buy a house, even then you are still eligible for the food element. Until you apply or ask for PR you can claim LAFHA, it is better having the cash in your pocket than the taxmans!
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Old Apr 16th 2008, 11:50 am
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Default Re: Income tax on 457 visa?

Originally Posted by paddyo
Have you asked about LAFHA from your employer? They may be aware of it and if not may be happy to check it out, it really is of no consequence to them financially. It would be worth you claiming it initially while you rent temp accom and until you buy a house, even then you are still eligible for the food element. Until you apply or ask for PR you can claim LAFHA, it is better having the cash in your pocket than the taxmans!
So can we still claim LAFHA if we buy a house in Oz?
Have not asked sponsor about it, as I'm not sure really what I'm asking about....didn't want to come across as a big numpty
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Old Apr 16th 2008, 11:55 am
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Default Re: Income tax on 457 visa?

Originally Posted by winedonju
So can we still claim LAFHA if we buy a house in Oz?
Have not asked sponsor about it, as I'm not sure really what I'm asking about....didn't want to come across as a big numpty
You can claim the food element. Don't ask, don't get!!!
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Old Apr 16th 2008, 12:02 pm
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Default Re: Income tax on 457 visa?

Originally Posted by paddyo
You can claim the food element. Don't ask, don't get!!!
like I say, don't mind asking if I know what I'm asking for...so whats the food element??
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Old Apr 16th 2008, 2:10 pm
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Default Re: Income tax on 457 visa?

Originally Posted by winedonju
like I say, don't mind asking if I know what I'm asking for...so whats the food element??
Do a search on here for LAFHA, there has been loads of posts on here for it and I even posted a link to the food tables on the ATO website but too tired to search for it myself!!
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Old Apr 16th 2008, 2:47 pm
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Default Re: Income tax on 457 visa?

Originally Posted by paddyo
Do a search on here for LAFHA, there has been loads of posts on here for it and I even posted a link to the food tables on the ATO website but too tired to search for it myself!!
cheers, will have a butchers!
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Old Apr 17th 2008, 1:37 am
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Default Re: Income tax on 457 visa?

Originally Posted by winedonju
cheers, will have a butchers!
Here are the rates!!

http://www.ato.gov.au/businesses/con...tm&page=13&H13
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Old Apr 17th 2008, 1:54 am
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Default Re: Income tax on 457 visa?

Originally Posted by paddyo
Sorry, you are so wrong. A 457 Visa is a temp residency so therefore the intention to return is mandated whether you like it or not, irrespective of whether you own in the UK. It is not a grey area at all, it is extremely straightforward but some smaller companies are just scared to talk to the ATO to sort it. The food element is statuted based upon size of family, the rental element is based upon a reasonable rental, i.e a single guy renting a 5 bed penthouse at $2000 a week is NOT reasonable, but that is for the company to moderate. The company suffers no tax liability as the food element is completly no Fringe Benefit Tax and the rental element is taken as essential and all it takes is a decent HR/Mobility Coordinator to set it up and agree it with new migrant employees.
I am sorry you think I am wrong. The ATO deals with LAFHA on a case by case basis. Just the fact an employee is on a 457 is not a given they are entitled to a LAFHA.
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Old Apr 17th 2008, 5:53 am
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Default Re: Income tax on 457 visa?

Originally Posted by northernbird
I am sorry you think I am wrong. The ATO deals with LAFHA on a case by case basis. Just the fact an employee is on a 457 is not a given they are entitled to a LAFHA.
lol.....no need to be sorry!!! But the whole point of being a 457 is that you are only temporary resident, vis a vis Living Away From Home. Therefore ALL 457 visa holders ARE eligible, but, not necessarily all employers are aware or will support that fact! Remember that for an employer to sponsor an employee on a 457 they have to satisfy certain ATO/DIAC/DOE conditions and by satisfying those conditions they automatically make future migrant temporary employees eligible for LAFHA.
Its a pity that this causes so much confusion because it is a valuable source of extra income, for want of a better phrase, to those on a 457. Without it I would not of been able to come over and have my financial obligations met in the UK as well.
A good website to understand all this is the Go Matilda website which has extensive discussions and advice on this. It is run by a ATO registered accountant who is an ex pat himself.
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Old Apr 17th 2008, 6:07 am
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Default Re: Income tax on 457 visa?

Originally Posted by paddyo
lol.....no need to be sorry!!! But the whole point of being a 457 is that you are only temporary resident, vis a vis Living Away From Home. Therefore ALL 457 visa holders ARE eligible, but, not necessarily all employers are aware or will support that fact! Remember that for an employer to sponsor an employee on a 457 they have to satisfy certain ATO/DIAC/DOE conditions and by satisfying those conditions they automatically make future migrant temporary employees eligible for LAFHA.
Its a pity that this causes so much confusion because it is a valuable source of extra income, for want of a better phrase, to those on a 457. Without it I would not of been able to come over and have my financial obligations met in the UK as well.
A good website to understand all this is the Go Matilda website which has extensive discussions and advice on this. It is run by a ATO registered accountant who is an ex pat himself.
All I know is that the tax advisors for my husbands company told us we were not eligible as it is meant to be compensation for working away from home. We did not have a home in the UK so therefore could not argue we were being compensated for being away from it. others in my husbands company are given the LAFHA, the only difference being they have a home to maintain in the UK.
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Old Apr 17th 2008, 12:28 pm
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Default Re: Income tax on 457 visa?

I can only comment on our circumstances, NB, but we don't have a house ANYWHERE, the company is viewing it as a permanent move, i.e., relocation was a one-way deal, but it has got us a 457 to get us there quickly, and is arranging a LAFHA for us.

Our original intention was to go for PR ASAP but due to the LAFHA we're going to take advice from a third party tax accountant; it's possible that we'd be better off on the 457 as long as practical (no kids to school).

It sounds possible that you've been badly advised or intentionally misled.
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Old Apr 17th 2008, 12:33 pm
  #29  
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Default Re: Income tax on 457 visa?

Originally Posted by Seasider
I can only comment on our circumstances, NB, but we don't have a house ANYWHERE, the company is viewing it as a permanent move, i.e., relocation was a one-way deal, but it has got us a 457 to get us there quickly, and is arranging a LAFHA for us.

Our original intention was to go for PR ASAP but due to the LAFHA we're going to take advice from a third party tax accountant; it's possible that we'd be better off on the 457 as long as practical (no kids to school).

It sounds possible that you've been badly advised or intentionally misled.
Possibly although I can't see why they would pay for some employees and not for us. Anyway as it happens we have PR and that was more important to us than any money we could have claimed. The company can still pull the rug from under 457 holders and they would have to leave, no amount of money could compensate us for that.
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Old Apr 17th 2008, 12:38 pm
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Default Re: Income tax on 457 visa?

Yup, something we'll have to weigh up - and my original reason for wanting to go straight for PR, as I know from our first few years in Sg (pre-PR) just how insecure you can feel.
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