This is probably the most significant and impacting proposed tax change for Australian Expatriates (non-resident Australian citizens) I have ever seen in 20 years of being in Hong Kong.
This last week I have been inundated with Australian citizens around the world emailing to ask what the new proposed changes within the latest Federal Budget mean.
There is a large change the government has proposed for Australians living overseas that will affect travelling home to Australia and causing concern for being taxed as an Australian resident if you stay in Australia for more than 45 days a year.
The idea being that if you stay in Australia for more than 45 days or more in one income year, Australia taxes you on your overseas income and assets as if you are living in Australia and apply Australian marginal tax and capital gains rates.
This has got everyone spooked on what this means to them.
So I jumped on a call to record a podcast with my tax expert in Ilana Kramarov from Torque Tax in Melbourne. Ilana is a well-seasoned professional with a Masters of International Tax who has being on episode 14 of my podcast. We discussed what is involved and what it will mean to Australians living overseas and wanting to return to Australia for holidays or to see family.
Keep in mind right now that this was tabled in the budget BUT IS NOT currently law as for this to come into effect it still requires parliament approval and royal assent which is when it becomes law. Whether this means these rules will apply in 2022 or 2023 is yet to be determined but we talk about what is involved in this 22 minute briefing and what the timeline could be.
The Australian Government has a Board of Taxation. The Board of Taxation is a non-statutory advisory body that provides the Government with real-time advice on tax policy issues by contributing a business and tax community perspective to improving the design and operation of taxation laws.
This board put together a 135 tax report on this matter and is very detailed but if you wanted to read it click here. The report there is called “Reforming Individual Residency Tax Rules – A Model for Modernisation”.
Ilana has been gracious in writing a simpler two page summary of what is involved. Also attached is the new “Residency Rules Flowchart” explaining the tax outcome for Australian citizens abroad.
Click here to download
The Solution: There aren’t any solutions in avoiding the 45 day rule in Australia if you stay that long when the legislation becomes law, but there is time to discuss your estate and plan for the tax impact and how to position yourself in Australia. Simply email me for further discussion.
Sincerely
Todd