KhunHeineken

"Stalled" really? The consultation phase only finished in September 2023. I agree. Why do you say there is no possibility of a 1 July 2025 start?

Wrong. The consultation phase was between 21 July 2023 to 22 September 2023. https://treasury.gov.au/consultation/c2023-205344 Here's the consultation paper. https://treasury.gov.au/sites/default/files/2023-07/c2023-205344-cp.pdf So much for "Labor and Albo" scrapping them. I have no idea when they will be implemented, but will go on the record and say it's when and not if. In my opinion, they WILL be passed into legislation. I believe the next federal election must be held on or before the 27 September 2025. In my opinion, the amount of days per year one is either inside or outside Australia will be calculated per financial year, not calendar year like Thailand. On that basis, I would say key dates would be the May budget for a 1 July 2025 start. Even if the proposed changes are not mentioned in the May budget, they could still pass through parliament for a 1 July 2025 start. Should they not start on the 1 July 2025, then I agree with you, they will not start before the next federal election, and the next possible start date would be 1 July 2026.

Like I said, "death and taxes." The member seems to think these Thai tax/s are flying pigs, but I don't dismiss it so easily.

You received what you call pointless posts because of the lack of information you posted in your OP. What's your budget for a router?

Like most things, you get what you pay for. If you were on a fiber connection it would be worth spending more to give yourself more option, both now, and in the future. However, you will be using a sim card which will most likely be receiving a 4G signal. No point spending big money on a router that will always be restrticted to the speed of the 4G data connection to the phone tower. Have you done a speed test on your phone? What speed are you getting in your location?

Life is also about "change." Things out of our control "change." Time brings "change." Nothing stays the same forever. What's that saying about certainty and "death and taxes?" The "probability of not paying a dime in tax" as you put it is changing to the very real "possibility" that you will have to pay tax here in the future.

And has been asked by me to members here, many times, how does an Aussie expat living in Thailand, who has not returned to Australia for several years, argue they are still a tax resident of Australia? This scenario describes the majority of Aussie expats here, does it not? Perhaps you can answer this question. The current 90 year old laws practically allow everyone and anyone to declare they are "domiciled" in Australia, therefore a resident for tax purposes. The "long holiday" scenario. I've been using this loophole myself. The idea of the proposed changes is to modernize the current 90 year old laws to a physical presence and time based model. Obviously, this is easily proven by immigration records that can not be challenged. It also goes to compliance and enforcement, not just deeming one's tax residency status.

It's easy to get around most pay walls, but I can't post about it here. Yes, and it also says this: "Assistant Treasurer Stephen Jones told an Australian Chamber of Commerce event in Singapore this week the new rules for deciding Australian tax residency were in “the government’s in-tray” ahead of the October budget, and the day limit was “being looked at”. Big difference from all of those members who though "Labor and Albo" would never pass the changes. The tweaking of the day limit has been explained previously. Basically, an expat worker may wish to be a non resident. They may get 6 weeks leave a year. (45 days) They return to Australia for their leave. They stay under 45 days in Australia. A family member is sick or injured or dies or gives birth or gets married etc and they return home. They go over the 45 days to attend this "event" and may then be deemed a resident for tax purposes. Working expats called on Labor to increase the 45 days. It may go to 60 days, but probably 90 days in line with other countries. That's not good for some retirees here who would have liked to return to Australia for 46 days and can meet two of the four factor tests. It means they will have to return to Australia for 60 or maybe 90 days to achieve resident for taxation purposes status in order to escape the non resident tax brackets. Yes, it was. Does that mean the proposed changes have gone away? (see above quote from the article) Do you have a link to show Labor has scrapped them? Sure. However, Liberal proposed them, Labor didn't bin them, so either way, either party will eventually legislate them.

Did you tell them this beer was named after the horses that pulled the beer carts for deliveries to the pubs?

Correct. As you said, "if they are aware" which is why the current 90 year old laws will change in the near future to a physical presence and time based model, just like Thailand with their 180 days a calendar year, Australia will be 183 days in a financial year. Immigration records will make the ATO "aware" who will most likely make Centerlink "aware" which MAY see the aged pension taxed at non resident rates because it is an income, and it is taxable.

Wrong. It's been proven the aged pension is an income at law. It's been proven the aged pension is taxable. The non resident tax rate is 30% from $0 to $135,000. After the proposed changes are passed, the government will have the ability to automatically deem an individual a non resident for tax purposes after being outside of Australia for 183 days in a financial year. The information in the video you are referring to shows the DTA does not include aged pensions. Another member has posted a link setting this out. Here's another one. https://community.ato.gov.au/s/question/a0J9s000000O2y4/p00197245 "As a non-resident for tax purposes, we'll only tax you on the income you receive from Australia sources such as interest and your pension."

The 183 days is the "primary test" also called the "bright line test." I can post the information for you, but I can't understand it for you.

You never gave any advice to Aussie expats who have been living in Thailand for several years and have not returned to Australia? They want to hear your genius idea for them on how they can remain residents of Australia for tax purposes under the proposed changes when they haven't been back in years, and have no intention of doing so.

Liquidating all assets in Australia and putting it into cash at bank, then officially declaring themselves a non resident for tax purposes may be financially beneficial for some. Of course, then there's the Thai tax/s to deal with, but that's running in another forum. Under the current DTA, you would get a 10% tax credit towards any tax liability owed in Thailand.

You finally got it. The penny dropped. So, as I was saying, how many Aussie expats could reestablish residency? How many can meet two of the four factor tests? One is very easy to meet, basically, have an Aussie passport. How many could meet one more out of the four? Eg. property ownership, Lease, business interests etc. How many Aussie expats can afford the flights? How many could afford to live in Australia for 45 days? I know I can. You have said you can also. What's your advice for those who can't meet two of the four factor tests, or can't afford to go back to Australia and live there for 45 days?

From one of many accounting firms alerting their clients. Now, do you see the part that says " spend more than 45 days but less than 183 days in an income year?" That's because if you spend more than 183 days outside, you are a non resident because like you said, you are either inside Australia or outside Australia and for majority of expats, the magic number of days is 183 days. As I said to another member, I am posting in general, not about specific member's personal circumstances. Most Aussie expats in Thailand have not been back to Australia in several years. They will be deemed as non residents for tax purposes under the proposed changes and proven by immigration records. https://hlb.com.au/tax-residency-changes-for-individuals/ Proposed tax residency rules Therefore, the Government in the 2020-2021 Federal Budget announced that it will replace the current individual tax residency rules with new primary and secondary tests to determine one’s tax residency. The primarily test is the 183-day test, that is, if a person who is physically present in Australia for a period of 183 days or more in any income year, this person will be considered as a resident for Australian tax purposes. The secondary test is a ‘Factor Test’ which applies to individuals who spend more than 45 days but less than 183 days in an income year. The secondary tests focus on four factors, two of which must be satisfied by that person to be deemed as resident for tax purposes. Factors include: The Right to reside permanently in Australia (e.g. citizenship or permanent residency); The ability to access accommodation in Australia (e.g. rights of ownership, leasehold interest, licenses); Whether the individual’s family (spouse or any of their children under 18) are generally located in Australia; The individual’s Australian economic connections (employment, carry on business, interests in Australia).

I have said I see YOUR point. As in YOUR personal circumstances. I have also said, how many expats are in similar circumstances to YOU? I am postng "in general" not about YOUR personal circumstances. Your typical Aussie expat hasn't been back to Australia for several years. Tell me how YOUR circumstance also apply to them? So funny that someone seems to think everyone has the same personal circumstance as yourself in regards to the proposed changes to tax residency.

Assuming an interest rate of 5%, that would be $900,000 invested to return $45,000. (not including tax)

Yes, these were my thought. One would need a considerable amount of money to earn interest over the threshold, so that would mean withdrawing the capital to maintain one's lifestyle. This would bide some time, in Mike's case, around 5 years, but probably less for many others. Ultimately, you reach a point in time where you are faced with the same situation that many will be facing early 2025.

It's been well discussed that some expats may do 184 days in Australia, and 179 days in Thailand. For many, this is either not possible, nor desirable, or both. I view it from the expat's point of view as being outside of Australia for more than 183 days, like most of are, and have been, for several years.

As a resident or non resident? Non resident, 10% tax on the interest. Resident, you benefit from the tax free threshold and resident tax brackets.

That would mean someone outside Australia for 183 days would be a non resident, right? They can't be both.

At any one point in time, yes, correct. Yes. Under the proposed changes, can you tell me how someone outside of Australia for more than 183 days will be able to argue they are still a resident for tax purposes? You answered your own question. You can't be in two places at once. You can only be inside, or outside of Australia at any point in time. Say you do 100 days inside Australia, that means you are doing about 265 days outside Australia. The 183 days is what they are calling a "bright line test." No factor tests to meet. Simply, outside Australia for 183 days, you are a non resident. Once outside of Australia for over 183 days, how can one argue that it's the days between 45 and 183 days that they were inside Australia that should be relied upon, not the over 183 days? You don't get to choose like you do under the current 90 year laws, otherwise, there's no point in the proposed changes being legislated. It's about physically being outside of Australia, and for how many days a financial year. Basically, the 183 days outside Australia overrules the 45 to 183 days and their factor tests. To my knowledge, it's total days, they do not have to be consecutive, and unlike Thailand, it's in our financial year, not calendar year.

https://www.afr.com/policy/tax-and-super/assistant-treasurer-flags-new-tax-residency-rules-20220826-p5bd1v "Assistant Treasurer Stephen Jones told an Australian Chamber of Commerce event in Singapore this week the new rules for deciding Australian tax residency were in “the government’s in-tray” ahead of the October budget, and the day limit was “being looked at”. Read the article. It's obvious they are considering raising the day limit, not lowering it. The current laws are 90 years old. They can't remain in place forever. The previous Liberal government proposed the changes, and the above article shows Labor hasn't binned them. Hardly scaremongering. Just a matter of time. Thailand has the 180 day law. What's makes you think Australia would NEVER do similar?

Plenty on Lazada to chose from. https://www.lazada.co.th/catalog/?spm=a2o4m.homepage.search.d_go&q=4G router You can hotspot your phone until the router arrives.