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Answered in 11 minutes by:
2/24/2010
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHi Lyn
He will not be a contractor if he derives all of income from one source and that source is one where he is not in control of his arrangement as previously outlined.
As contractor he will be subjected to tax on his earnings at any level, it would be his choice to register an ABN to receive tax credits back for any GST he has paid. The threshold for whether he is obligated to register an ABN or not is if he earns more or less than $75,000 per annum - if its more, must register - if less, he does not have to.
It won't be a case of whether you know what his future earnings will be, your on the borderline of a relationship test with this employee/contractor and I can sense already that your going to struggle to get him across the line as a contractor.
What I would suggest that you do is contact Fair Work Australia on 13 13 94 (www.fwa.gov.au) and discuss the definition and your circumstances with an officer there and they will be able to refer you to some fact sheets and other sections in their website.
You really need to take an arms length approach to setting up this potential contractor relationship, it is a conflict for you to be involved in it as your effectively coaching the outcome of it - be informed of your position but don't get involved in the set up.
I hope this additional information clarifies the question for you, all the best to you.
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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