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-   -   Nightmare news for non res 457 holders (https://britishexpats.com/forum/australia-54/nightmare-news-non-res-457-holders-757521/)

ginstwin May 8th 2012 10:39 am

Nightmare news for non res 457 holders
 
Unless i am misreading this and i seriously hope i am it looks as though non residents are going to pay 32.5 % tax. By my calculations someone on $50000 will pay an extra $7500 tax!! even without the effect of lafha

heres the news story

If you are a non-resident worker…
It's all bad news. Firstly, most of you will lose the Living Away from Home Allowance (see below), and from 1 July all non-resident workers will have to pay a blanket 32.5 per cent tax rate – regardless of whether they're low income earners.


Read more: http://www.news.com.au/money/federal...#ixzz1uH0cUXvg

Bermudashorts May 8th 2012 10:47 am

Re: Nightmare news for non res 457 holders
 
I have not read it, but 457 visa holders are not classified as non resident. Most 457 visa holders would be tax resident.

Do not confuse visa status with tax status, it is very, very different.

ginstwin May 8th 2012 10:50 am

Re: Nightmare news for non res 457 holders
 
Bermudashorts: If you are right and i am beginning to think you are then i owe you a massive drink. I have both my kids who are on 457s in state of panic.
Bad enough to lose Lafha (which they have budgeted to lose) but they can't afford a tax rate of 32.5% on a 50 k salary.

bingobob777 May 8th 2012 10:55 am

Re: Nightmare news for non res 457 holders
 

Originally Posted by ginstwin (Post 10047791)
Bermudashorts: If you are right and i am beginning to think you are then i owe you a massive drink. I have both my kids who are on 457s in state of panic.
Bad enough to lose Lafha (which they have budgeted to lose) but they can't afford a tax rate of 32.5% on a 50 k salary.

457 Visa holders ARE residents for tax purposes, hopefully that means we're OK :unsure:.

Bermudashorts May 8th 2012 10:58 am

Re: Nightmare news for non res 457 holders
 

Originally Posted by ginstwin (Post 10047791)
Bermudashorts: If you are right and i am beginning to think you are then i owe you a massive drink. I have both my kids who are on 457s in state of panic.
Bad enough to lose Lafha (which they have budgeted to lose) but they can't afford a tax rate of 32.5% on a 50 k salary.

I can see why you panicked, but I wonder if the link you have provided is an example of tabloid journalism. I am looking for the real announcements to clarify. My gut feeling is that it won't be as bad as it reads in that article.

The 30% tax band has gone up to 32.5% which will effect everyone with income in that band.

I am not a believer in LAFHA as you may have seen me mention on another thread, but I would be pretty shocked at a flat 32.5% flat tax rate and can't really believe it.

ginstwin May 8th 2012 11:04 am

Re: Nightmare news for non res 457 holders
 
I am really hopeful that as you guys say its poor tabloid journalism.

I can see the argument on the past to scrap LAFHA but i cannot possibly agree that it would be fair to tax 2 side by side workers on the same salary at massively different tax levels.

A rough calculation with the new allowances has someone on 50k on a 17% tax rate. It would be grossly unfair to have his colleague on the same wage on a 32.5% rate .

Bermudashorts May 8th 2012 11:12 am

Re: Nightmare news for non res 457 holders
 

Originally Posted by ginstwin (Post 10047817)
I am really hopeful that as you guys say its poor tabloid journalism.

I can see the argument on the past to scrap LAFHA but i cannot possibly agree that it would be fair to tax 2 side by side workers on the same salary at massively different tax levels.

A rough calculation with the new allowances has someone on 50k on a 17% tax rate. It would be grossly unfair to have his colleague on the same wage on a 32.5% rate .

I have now skim read various parts of the official budget documetnation, from a government website not a media website and have not come across any mention of temporary visa holders having a flat tax rate imposed.

bcworld May 8th 2012 11:15 am

Re: Nightmare news for non res 457 holders
 
Non residents are currently taxed a flat rate...back in the day when I had a WHV it was 29.5%...I don't think there is any dramatic change here. 457 visa holders are clearly tax residents.

Luthien May 8th 2012 11:18 am

Re: Nightmare news for non res 457 holders
 
http://www.budget.gov.au/

For the source info on Lafha
Page 39 of the budget overview pdf

Better targeting tax concessions
The Government will further
reform the tax concession for living-away-from-home allowances and benefits, by ensuring it can only be used for the expenses of people who are legitimately maintaining a second home in addition to their actual home, for a maximum period of 12 months.
This reform will apply from 1 July 2012 for arrangements entered into after 7.30pm (AEST) on 8 May 2012, and from 1 July 2014 for arrangements entered into prior to that time.

Pomster May 8th 2012 7:51 pm

Re: Nightmare news for non res 457 holders
 
we are citizens but are non resident...and we pay 30% tax on our rental income.

So it has not changed for non- residents.

Alan Collett May 9th 2012 4:30 pm

Re: Nightmare news for non res 457 holders
 

Originally Posted by Pomster (Post 10048758)
we are citizens but are non resident...and we pay 30% tax on our rental income.

So it has not changed for non- residents.

Capital Gains Tax has: the 50% CGT discount that was available to individuals who hold a CGT asset that is "taxable Australian property" for more than 12 months was removed for non-residents with effect from yesterday.

Gains up to 2012 Budget Day remain eligible for the 50% discount.

=> If possible only sell CGT assets showing a capital gain when you are back in Australia.

Best regards.

Alan Collett May 9th 2012 4:32 pm

Re: Nightmare news for non res 457 holders
 

Originally Posted by bingobob777 (Post 10047798)
457 Visa holders ARE residents for tax purposes, hopefully that means we're OK :unsure:.

Generally they are. However, some 457 visaholders are only in Australia for 3 months - if that was the visaholder's intention from the outset it is more than likely s/he ought be properly classified as non-Aus resident for tax purposes.

Best regards.

ginstwin May 9th 2012 11:25 pm

Re: Nightmare news for non res 457 holders
 

Originally Posted by Alan Collett (Post 10050583)
Capital Gains Tax has: the 50% CGT discount that was available to individuals who hold a CGT asset that is "taxable Australian property" for more than 12 months was removed for non-residents with effect from yesterday.

Gains up to 2012 Budget Day remain eligible for the 50% discount.

=> If possible only sell CGT assets showing a capital gain when you are back in Australia.

Best regards.

Alan

I didn't think "non-residents" were taxed on CGT events outside of OZ? This is from PWC

"From 1 July 2006 an exemption applies for temporary residents in respect of all personal income (ordinary and statutory) which is sourced outside of Australia. However, all employment income worldwide to the extent it relates to the period of the visa will be assessable income. Temporary residents may disregard all CGT events in respect of CGT assets which are not “Taxable Australian Property”. In addition the accruals taxation rules under the Foreign Investment Fund rules, Controlled Foreign Corporations rules and the Transferor Trusts measures do not apply."

Alan Collett May 10th 2012 12:45 pm

Re: Nightmare news for non res 457 holders
 
I agree, but Pomster (to whom I was replying) has Aus source rental income - ie has property in Australia - and is a non-Aus resident.

Best regards.


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