House Lease is it registered anywhere?

[HeavyHands]

I would like to know if a house lease (12month) is registered with any government agency. Is it possible for my home country (Australia ) to access this info? One potential argument to be declared a non resident for Tax purposes (& pay highest nominal tax rate) is if you have a lease in your name in a foreign country. Am trying to avoid being potentially declared non resident.

Also what potential issues (some obvious ones ) is there in putting Lease in GF name?

Thanks

[i claudius]

Dont know about Australia but British govt would not know the different depts dont even share info let alone govts

Sent from my SM-A720F using Thailand Forum - Thaivisa mobile app

[trogers]

Only leases of 3 years or longer must be registered with the Land Office.

 

Yours is only in 2 signed sets kept by your landlord and you.

[khunPer]

A lease less than three years duration is a contract only between two parties, lessor and lessee – however, I don't know if a short term lease can be voluntary registered at a Land Office, but I don't think so – whilst any lease agreement of three years duration and longer (up to 30-years) shall be registered at a Land Office, and tax shall be paid.

[stgrhe]

HeavyHands,

 

You don't actually lease buildings in Thailand, it is the land one leases and if the building isn't leagally separated from the land, the land owner is regarded as the owner of the building too.

 

Leases do not require registration at the Land Office. However, leases longer than three years must be registered or eles they are regarded as three-year lease whatever the agreement says.

[Reefhunter]

I have been both lessor and lessee in Thailand and no lease agreements have ever been registered, just held by both parties. None have been for 3 years or longer. That was interesting the Australian Government writes you off if you hold a lease in Thailand, typical. Australia considers you a non-resident for tax purposes if you hold a lease in a foreign country, but you can take a safe bet they're not going know. Though if you spend a lot of that time in Australia, logically you'd think there would be some sort of cut off whereby that wouldn't apply? You have a partner who you provide accomodation for and yourself whilst on holiday visiting said partner. Besides the possibility of losing some furniture etc, which could happen anyway, why nit have it her name, far easier.

[Pungdo]

20 hours ago, HeavyHands said:

One potential argument to be declared a non resident for Tax purposes (& pay highest nominal tax rate) is if you have a lease in your name in a foreign country. Am trying to avoid being potentially declared non resident.

If you spend 1 day more than half the year out of Australia YOU ARE a non resident and the government knows it, all government computers are now linked and you can't hide from it.

I declared myself a non-Resident years ago on my accountants advice, he told me if I didn't they would eventually nail me for it anyway.

[Farma]

@ Pungdo. Not all people are created equal in the tax department eyes.

Having worked outside Oz on a tax exempt contract for an Oz company paid in Oz for the past nearly 30 years my accountant received a tax office letter about 8 years ago telling him they decided I was no longer a resident and they declared me a non resident for tax purposes. They also said I was no longer required to submit yearly tax returns unless my situation had drastically changed. I notified the relevant financial institutions of my new situation.

3 years ago my accountant received another Tax department letter informing me as an Oz resident it was my duty to submit tax returns yearly. They requested I submit the missing 5 years returns or face fines.

My situation hadn't changed...just theirs.

[Pungdo]

1 minute ago, Farma said:

@ Pungdo. Not all people are created equal in the tax department eyes.

Having worked outside Oz on a tax exempt contract for an Oz company paid in Oz for the past nearly 30 years my accountant received a tax office letter about 8 years ago telling him they decided I was no longer a resident and they declared me a non resident for tax purposes. They also said I was no longer required to submit yearly tax returns unless my situation had drastically changed. I notified the relevant financial institutions of my new situation.

3 years ago my accountant received another Tax department letter informing me as an Oz resident it was my duty to submit tax returns yearly. They requested I submit the missing 5 years returns or face fines.

My situation hadn't changed...just theirs.

Mongrels keep changing the rules, I no longer submit an Annual Tax return but I have to sign a doc stating that I didn't earn enough for the previous 12 months.

[HeavyHands]

15 hours ago, Reefhunter said:

I have been both lessor and lessee in Thailand and no lease agreements have ever been registered, just held by both parties. None have been for 3 years or longer. That was interesting the Australian Government writes you off if you hold a lease in Thailand, typical. Australia considers you a non-resident for tax purposes if you hold a lease in a foreign country, but you can take a safe bet they're not going know. Though if you spend a lot of that time in Australia, logically you'd think there would be some sort of cut off whereby that wouldn't apply? You have a partner who you provide accomodation for and yourself whilst on holiday visiting said partner. Besides the possibility of losing some furniture etc, which could happen anyway, why nit have it her name, far easier.

Thanks for info.

Aust Tax Office has many rules (mostly ambiguous so they can argue a case which ever way suits them!). You are not automatically non resident if you have a lease in foreign country, it is just one of many indicators that you may be considered a non-resident if you have a long term lease. 183 days in Aust is only way to be a resident no questions asked. Although by no means you are not a resident if you spend less than 183 days it is just potentially open to interpretation. There are no hard rules.

There are many benefits to continuing to be a resident in my case although I choose to spend most of time in LOS. 

[Reefhunter]

On 29/10/2017 at 3:22 PM, HeavyHands said:

Thanks for info.

Aust Tax Office has many rules (mostly ambiguous so they can argue a case which ever way suits them!). You are not automatically non resident if you have a lease in foreign country, it is just one of many indicators that you may be considered a non-resident if you have a long term lease. 183 days in Aust is only way to be a resident no questions asked. Although by no means you are not a resident if you spend less than 183 days it is just potentially open to interpretation. There are no hard rules.

There are many benefits to continuing to be a resident in my case although I choose to spend most of time in LOS. 

Oh I'm hearing you. Yes and I had forgotton about the 183 days. I'm no expert, and most of us aren't, just speak from experience. You are so correct, up to interpretation, rule changes, crackdowns and the like. And there are many benefits being a resident, fortunately Australia still has that security, how long for though... I understand your situation. Returning, for say work, on a random schedule now and again would probably suffice. Also my father returned after 8 years since his last visit and registered again with medicare, centrelink etc with little effort. So getting back in the system seems straightforward. Keeping docs like drivers license current may be usefull also. Enjoy your ride on the merry go round.