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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am no longer a permanent resident of AUS. citizen. Now in

Customer Question

Hello
I am no longer a permanent resident of AUS. I am Aus citizen. Now in USA.
I have recently done some work for an Australian company and they are asking me to do a Tax File Declaration.
It's asking "What is your home address in Australia."
Am I even meant to do this form any more? What is the procedure?
Thanks
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

How long have you been in Australia for this work or have you done the work from the US?

Customer: replied 10 months ago.

Hi I am not in Australia. I am in the USA.

I did the work when I was back there at Christmas time. Just a one off, but there may be a few more jobs this year. However I may do that work remotely from over here.

Thanks

Expert:  Leon replied 10 months ago.

Good Afternoon

Have they paid you?

Are they employing you for a long term basis?

Customer: replied 10 months ago.

Not sure if last message sent.

They have not paid me yet.

No they are only going to give me a job, here and there, when one comes up. Maybe nothing at all.

I wouldn't imagine any more than $1000 all year.

It's only freelance work.

Expert:  Leon replied 10 months ago.

Good Afternoon

You will be taxed as a non resident. If you have an Australian Tax File Number you should give it to them and they will withhold tax here at the non resident rates. If you do not give them a tax file number they will have to hold back 50%.

Because you are taxed here, in the US you will have that tax credited to you under the Tax Treaty the tow countries have.

Here is the link with the key points

https://www.ato.gov.au/General/International-tax-agreements/In-detail/Tax-treaties/Australia-and-the-United-States-treaty---key-points/

But you should give them the tax file number for australia if you have one.

If you are not an employee but a contractor they should not withhold tax but you issue them with a tax invoice and they pay you.

Your work is done overseas and therefore no GST is collectable by you.

I hope this makes sense and is of assistance.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 10 months ago.

Thanks.

And what do I put for my address in Australia when I don't have one.

I can use my parents if needed but I guessed that would confuse things?

Expert:  Leon replied 10 months ago.

Good Evening

If you use your parents address if you do tax returns in Australia use that address.

If not then leave it blank.