Retrospectively claiming residency for WH taxback?
Jun 8th 2014, 7:20 am
#1
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Joined: Jan 2008
Location: Cardiff
Posts: 3
Retrospectively claiming residency for WH taxback?
I'm looking for some advice on if I can claim tax back after spending a couple of years in Oz on a working holiday 2012-13. I lived for just over 6 months in Sydney, but at a few different addresses. I stayed longer than I thought and misunderstood how residency was determined at the time, believing it needed to be one particular address for the time, so I put myself down as non-resident. I've now discovered and confirmed from the ATO website that 6 months in Sydney should have qualified me as a resident.
Can I claim taxback for the 2011-2012 tax year and change my residency status retrospectively? I didn't do a tax return while in Oz. Do I actually have to prove I lived in Sydney for the period (not possible for me I was mostly paying cash to live somewhere officially I shouldn't have been living) or can I just state that I was and hope it goes through without me being asked to prove it? If I can would I be best/easiest in my situation to use a taxback company or attempt to do it myself?
I worked for 4 ½ months for a charity in Sydney and the around $3,300 in tax would be really handy now as I'm nearly much in credit card debt...
Can I claim taxback for the 2011-2012 tax year and change my residency status retrospectively? I didn't do a tax return while in Oz. Do I actually have to prove I lived in Sydney for the period (not possible for me I was mostly paying cash to live somewhere officially I shouldn't have been living) or can I just state that I was and hope it goes through without me being asked to prove it? If I can would I be best/easiest in my situation to use a taxback company or attempt to do it myself?
I worked for 4 ½ months for a charity in Sydney and the around $3,300 in tax would be really handy now as I'm nearly much in credit card debt...
Last edited by GlynG; Jun 8th 2014 at 7:22 am.
Jun 8th 2014, 10:50 am
#2
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Joined: Oct 2011
Posts: 1,217
Re: Retrospectively claiming residency for WH taxback?
Paye tax works differently in Oz than the UK. You get your tax free allowance pro-rata as opposed to the full allowance for a part year in the UK. You may find there's little tax to claim back.
You would probably be best using an Australian accountant and will need your year end forms you received upon leaving employment and maybe payslips..
You would probably be best using an Australian accountant and will need your year end forms you received upon leaving employment and maybe payslips..
Jun 10th 2014, 10:14 am
#3
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Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Retrospectively claiming residency for WH taxback?
Tax residency is not determined conclusively by a six month rule or similar, this is simply a guideline. Tax residency is about intent to stay, something which I think would be very difficult to prove retrospectively, considering 4.5 months of work and that you did leave..
But worst that can happen is you are refused, I just wouldn't be counting any chickens just yet.
But worst that can happen is you are refused, I just wouldn't be counting any chickens just yet.
Jun 10th 2014, 1:14 pm
#4
Forum Regular
Joined: Jul 2012
Posts: 52
Re: Retrospectively claiming residency for WH taxback?
Paye tax works differently in Oz than the UK. You get your tax free allowance pro-rata as opposed to the full allowance for a part year in the UK. You may find there's little tax to claim back.
You would probably be best using an Australian accountant and will need your year end forms you received upon leaving employment and maybe payslips..
You would probably be best using an Australian accountant and will need your year end forms you received upon leaving employment and maybe payslips..
The tax-free allowance in Australia is not purely pro-rata. Instead you get (for 2013-4) $13,464 plus $394.67 per month you were resident.
