LC_GH

Hi - new to this so please be patient and kind...

I have read with interest all the posts on here about the de facto visa and it has allayed my concerns no end - My Australian boyfriend and I (UK citizen) will be applying from UK at the end of the year. Await my posts for that shortly

In the meantime, I have a query relating to my tax return. I have been in Melbourne (on a Working Holiday Visa class 417) since December 2003, residing in the same rented place since then and living with my other half. I know that I am not a resident (yet) for immigration purposes however, I am unsure whether I qualify for resident status for tax purposes - i.e. 183 day test, family ties test all considered. Also, we intend to return to the UK in October but then (armed with our de facto visa - hopefully) return to Australia in April 2005 where will settle - will this have any bearing on residency for tax purposes?

I have checked www.ato.gov.au and also called the helpline, but they weren't able to offer any further advice.

Any opinions would be much appreciated.

Thanks

Laura

brisnick

as far as i am aware, you cannot be a tax resident on a 417 visa, unless this has changed in the last 3 years. when I changed to a 457 temp business visa, only then could i claim to be a tax resident (actually the ato screwed up my tax return deeming that i wasn't a tax resident, so i had to pay them a visit and sort them out ).

LC_GH

Thanks for replying.

That was what I thought! However, I did one of those ato "are you a resident" on-line test things and it resulted with me being a resident.

Perhaps I should go see a tax agent....

brisnick

forgot to say, that once you are on a visa type that you can claim to be a tax resident, you become a tax resident as soon as your *intention* is to remain in australia working for 6 months. i had only made 5 months in the tax year on my 457 visa, but they agreed that as it was my intention to remain, i was a resident for tax purposes

i'm not a tax expert, just relaying my experience

RichS

Yes - see a tax agent. You shoul dbe eligible for living away from home allowance which will cut down your tax bill considerably.

Alan Collett

Remember that the LAFHA is to be agreed with one's employer as part of salary packaging arrangements. It can't be claimed after you have been paid your salary by way of a deduction on your Tax Return.

Best regards.