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i wish to live back in the uk with my family, but work in australia,

i shall be away for...
i wish to live back in the uk with my family, but work in australia, i shall be away for 6 months of the year 1 month away 1 move in the uk, i will be paying australain tax, will i still have to pay any uk tax, and can i be a resident in both country's
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Answered in 8 minutes by:
7/7/2012
Tony Tax
Tony Tax, Tax Consultant
Category: UK Tax
Satisfied Customers: 15,950
Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.
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Hi.

Can you give me a little more information please. Are you a British or an Australian national? Where do you live now? How long have you lived there? Does you have a home where you live? Does your family live with you? Will you be employed or self-employed if you work in Australia?
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Customer reply replied 5 years ago
i am british and australian resident, i currently live in australia, here for 6.5 years, we own a home here which we shall be renting, i will be employed by an australian company ,my family shall be moving to the uk as well.
Thanks.

Leave this with me for a bit and I'll get back to you. Yours is an unusual situation and I need to do a little research.
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Hi again.

There is a possibility that you will be resident in both the UK and Australia at the same time given the time you will spending in each country. However, if that is the case, your residence in the UK will take precedence as you will have a permanent home available to you in the UK whereas your home in Australia will be let. See Article 4 of the UK - Australia double tax treaty here.

Any rental profit you make on the Australian property will be taxable in the UK with credit given for any tax paid on it in Australia. Paragraph 5 of Article 6 of the double tax treaty appears to allow you to "defer" paying tax in Australia if you cease to be a resident there for tax purposes which would mean the rental income would be taxable only in the UK. The use of the word "defer" implies something temporary and you might be advised to seek advice in Australia on exactly what the implications are of that paragraph are.

Article 14 of the double tax treaty deals with employment income. Being a UK resident and British national, you will have to pay UK tax on your salary with credit being given for Australian tax paid. The salary will be taxable in the UK alone if you are in Australia for no more than 183 days per tax year, your employer is not resident for tax purposes in Australia and your salary is not tax deductible in determining the profits of the employing company for Australian tax purposes. I doubt that all those criteria will be met so you will pay tax in both countries.

Let me know if you have any further queries.
Tony Tax
Tony Tax, Tax Consultant
Category: UK Tax
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