An overseas person on a 417 working holiday visa applied for a partner visa subclass 820 on 15 January 2019. She was granted a bridging A visa whilst the partner visa was assessed.
Is she classed a resident for tax from 15 January 2019 or does this not change until she was granted the partner visa in Nov 2020.
Hi @Loz1,
15% tax rate sounds like you've reported that all of your income was earned under a working holiday maker visa. Regardless to your residency status, if your income is earned under a working holiday maker visa, the first $37,000 will be taxed at 15%.
You should check on your return that this was the case. You can do so on your ATO online services by selecting the following:
Tax > Lodgments > Income Tax > History.
Select amend next to the 2020 return.
On screen 4, prepare return, scroll to adjustments and select add/edit.
This page asks Is ALL of your income and deductions in this tax return related to income you earned while you were on a 417 or 462 visa?
Check here that you have selected the correct answer.
Working out your residency for tax purposes as a WHM is a little different than other visa types - it sounds like you should consider the change in behaviour example. This means from the date of application for the partner visa, you would likely be a resident for tax purposes. For the earlier part of the year, you would likely be a foreign resident for tax purposes.
Hope this helps! :)
Hello @Loz1
Your residency status for tax purposes is not based on visa type alone, as there are a number of factors that determine residency status. The easiest way to determine your status is by using the 'Are you a resident?' tool on our website.
We cannot advise what date you became a resident as it is self-assessed.
Hope this helps.
Tony :)
Hi TonyATO,
I have read the �re you a resident?',and am still not quite sure. I am looking at my tax return done thru MyGov for the 2019-20 year. I put down that I was a resident for tax but the ATO has charged me 15% of my total income.
Im was in Australia on a 417 visa but since being granted the second year. I took up working as a PT in a gym as a contractor and took on private clients elsewhere. For the whole of the tax year I stayed put and was in a permanent relationship. At the end of the 2nd year of the 417 visa,I lodged an application for a partner visa 820 which has subsequently been approved.
In your opinion, do i have the ability to be classified as a resident for taxtion or because I was on a 417 am i automatically classed as a non resident for taxation.
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