Expatr

Hi,

I've been living here in Australia for two years on a Working Holiday 417 visa, I'll be returning home with my Aussie partner in January. Does anyone know if I am considered an Australian resident for tax purposes, I know that I was for the previous financial year but I know there were proposed changes... rather confused.

Also, I've been told that when I return I won't have access to the NHS (not sure if it just hearsay) done some research but mostly found archaic reports. Is this true?

Will I be able to claim JSA when I land? I have no job lined up and I'm worried I won't find work right away.

Thanks

Bermudashorts

Well I deemed myself tax resident in Australia from the day I landed until the day I left, which was also in January. Different visa, but visa status is not the same as tax status. I don't believe the plans to treat all WHV holders as non tax resident ever came to pass.

You can get NHS as soon as you return, you need to prove you are habitually resident, having an address will be sufficient evidence.

You will not be entitled to contribution based JSA. Do you have any cash / assets? If you do over a certain amount then you will not be entitled to income (or asset) based JSA either.

Fardell

Details matter of course, but from the point in time that you "acquired" an Aussie partner you will likely be regarded as an Australian tax resident regardless of your visa, mobility and other factors

Pollyana

Don't quite get the logic in that, as one can have an Aussie partner whilst living on the other side of the world from them. You do not become a tax resident just because you marry/commit to a relationship with an Aussie.

Fardell

Not entirely sure about whether logic always totally prevails in these circumstances, and I was really commenting on someone who was on a temporary residents and (I presume) met their partner while in Australia.

The situation is that people arriving in Australia on temporary resident visas - which means that they typically would not be taxable in relation to overseas passive income or indeed could be considered non-resident for tax purposes depending on their pattern of living/work - can be regarded as fully tax resident in Australia once they they enter into a de facto relationship or formal marriage. They will no longer be regarded as "temporary residents" for tax purposes.

Similarly, someone arriving in Australia from overseas with an Australia partner, perhaps on a fiance visa or whatever it is called now, will be treated as a normal Australian tax resident from Day 1, even if the visa is a temporary one i.e. no exemption for offshore income etc.,

All comes down to who is a "temporary resident" for tax purposes - individuals with "Australian resident spouses" are excluded, and spouses includes de factos for these purposes.

https://www.ato.gov.au/Individuals/I...-introduction/

Bit of complexity here...

verystormy

Just on your partner, what visa will they be coming on?