Australia Law
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Answered in 6 minutes by:
4/4/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon,
If the business is operated from Australia and its head offices in Australia then all income generated from anywhere in the world will be taxable in Australia.
If you also pay taxes in Hong KongYou will not receive any credits you in Australia as there is no treaty between the 2.
The treaty Australia has with China does not extend to Hong Kong and therefore any tax is paid in Hong Kong will not be credited here.
So in order to avoid paying double tax you need to ensure that you are only liable to pay tax in Australia.
So if all sales go through the head office in Australia you will only be liable to pay tax in Australia.
I hope this is of assistance and if so please click on the accept button.
Good Afternoon,
Here is the link from the Australian taxation office which has the link for the form.
http://www.ato.gov.au/content/34047.htm
I would suggest that you get an account to assist you with the application for private ruling.
By being online companies what they are doing is they are offering a service where the goods are bought cheaper and sent from overseas to Australia. They are still paying the taxes based on where they are resident.
Your situation is that the company will be resident in Hong Kong is yet the income will be out in Australia. Because the company is not resident here, under the definition that it is head office is in Hong Kong, if its income is then deemed not to be Australian sourced income it should be tax-free but you need to get a ruling to confirm this.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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