Australian OAP Taxation Issues.

[Pattaya57]

11 hours ago, KhunHeineken said:

WHEN the proposed changes to tax residency are passed, that "pretty standard info" changes the game for many.  Eg.  Pattaya57 has been outside of Australia for 183 days, thus, no a non resident for tax purposes, therefore, non resident tax brackets apply. 

That so called new bright line test has sat dormant for years and no word of if or when it'll ever be put into legislation.

 

You have it backwards anyway. What's proposed is If you are living in Australia for 183+ days you are automatically a resident for tax. If you lived in Australia less than 183 days you can be declared a resident if you're a citizen and stay for minimum 45 days in one of the previous 3 income years. Only less than 45 days for 3 income years straight would someone be declared a non-resident.

 

Edited Tuesday at 07:23 AM by Pattaya57

[KhunHeineken]

On 6/25/2024 at 7:12 AM, Pattaya57 said:

That so called new bright line test has sat dormant for years and no word of if or when it'll ever be put into legislation.

Has the Assistant Treasurer for Labor, Stephen Jones, forgot about it?  Liberal surely haven't, they proposed them. 

 

The current laws are 90 years old.  For how much longer do you think they will last before being moderized? 

 

https://www.afr.com/policy/tax-and-super/assistant-treasurer-flags-new-tax-residency-rules-20220826-p5bd1v

 

On 6/25/2024 at 7:12 AM, Pattaya57 said:

You have it backwards anyway. What's proposed is If you are living in Australia for 183+ days you are automatically a resident for tax. If you lived in Australia less than 183 days you can be declared a resident if you're a citizen and stay for minimum 45 days in one of the previous 3 income years. Only less than 45 days for 3 income years straight would someone be declared a non-resident.

What about meeting the factor tests?

 

What about expat retirees who haven't been home in years?  Any advice for these people, when the proposed changes are passed? 

[Bvor]

13 hours ago, KhunHeineken said:

The current laws are 90 years old.  For how much longer do you think they will last before being moderized? 

I'm with you that change will eventually occur (calm down KH bashers) but it appears been sitting in the Khun Jones in tray for 2 years or so plus the time elapsed since libs first proposed them makes forecasting how much longer somewhat tedious - bit like some LOS proposed changes. 

[KhunHeineken]

On 6/27/2024 at 9:39 AM, Bvor said:

I'm with you that change will eventually occur (calm down KH bashers) but it appears been sitting in the Khun Jones in tray for 2 years or so plus the time elapsed since libs first proposed them makes forecasting how much longer somewhat tedious - bit like some LOS proposed changes. 

Every May budget and every 1st July they are not passed I celebrate another year of not paying non resident tax. 

 

The party has to end one day, but ostriches don't like hearing about it. 

[KhunHeineken]

Haven't heard from Ego about this youtube clip at 18:50 minutes.

 

Maybe he missed it. 

 

https://www.youtube.com/watch?v=y1chBfp8_XE

 

We could all do with his expert interpretation on it. 

[Bvor]

50 minutes ago, KhunHeineken said:

We could all do with his expert interpretation on it. 

I sent him a query weeks ago, which he received but has not yet answered, whether the application of SAPTO is deemed to have paid the tax payable on my OAP -  ie tax has been met in Australia - what is your take?

It may be irrelevant to my intended <180 stays in LOS but I still would like clarification specific to my query as I may decide to go 180> sometime down the track .

Attached is screen shot from youtube clip re DTA and OAP. 

      

[KhunHeineken]

8 minutes ago, Bvor said:

I sent him a query weeks ago, which he received but has not yet answered, whether the application of SAPTO is deemed to have paid the tax payable on my OAP -  ie tax has been met in Australia - what is your take?

It may be irrelevant to my intended <180 stays in LOS but I still would like clarification specific to my query as I may decide to go 180> sometime down the track .

Attached is screen shot from youtube clip re DTA and OAP. 

      

Well, I thought Ego would "come out to play" but I guess not.  I remember him posting something about me having my tail between my legs on this issue.  Interesting he hasn't posted how wrong this guy is.  He was quite vocal about Article 18, and how we all should "forget about Article 19."

 

Article 18 and Article 19 of the DTA between Australia and Thailand was put forward as the big victory for Aussie pensioners, alas, at least one professional doesn't see it that way. 

 

Perhaps Lacessit can post about it. He claimed Article 18 and Article 19 clearly set out why Aussie aged pensioners will not be taxed.  Maybe he will be more forthcoming on how this professional is wrong. 

 

It just leaves me wondering if the information from Jim Quinn, from the ATO, is accurate, or not, particularly as there were a few other staff members from the ATO that said non resident tax must be paid by aged pensioners living overseas. 

 

Hopefully Ego and / or Lacessit will be along soon to clear it all up. 

[Bvor]

4 minutes ago, KhunHeineken said:

Hopefully Ego and / or Lacessit will be along soon to clear it all up. 

 That's all very well for the DTA/OAP bizzo but what's your take and or anybody elses take on my SAPTO tax met in Oz query.