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kyconbexiu(Newbie)Newbie
22 May 2023

Hi,


I have worked for an Australian business, on shore in Australia, for the last 2 years. Recently I relocated to Vietnam and the business wants to change my employment status from employee to contractor. The business requests me to open a consulting firm in Vietnam and invoice them regularly every month. So my questions are


1/ From what I checked, Vietnam and Australia have a tax treaty and I can work (remotely) for an overseas employer as independent contractor/freelancer and just need to log tax every month to Vietnamese government. So do I need to open a consulting business in Vietnam in order to provide consultant service to my current employer?


2/ If I do not need to open a firm in Vietnam, can I still invoice my employer?


3/ Can my employer pay my invoices into my Australian bank account?


Thank you

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1,573 views
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WendyATO(Community Support)Community Support
24 May 2023

Hi @kyconbexiu,


You're right you can work remotely as a contractor for an overseas employer. This is providing you're eligible to apply for an ABN in Australia and type of business structure you choose to operate.


As to whether you need to open a consulting business in Vietnam we cannot advise this and best to check the rules with the Vietnam government or seek professional advice from a Tax agent.


Either way, if you are working as a contractor then you will need to invoice the employer your services and they can pay these amounts into your Australian bank account.



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Most helpful reply

WendyATO(Community Support)Community Support
24 May 2023

Hi @kyconbexiu,


You're right you can work remotely as a contractor for an overseas employer. This is providing you're eligible to apply for an ABN in Australia and type of business structure you choose to operate.


As to whether you need to open a consulting business in Vietnam we cannot advise this and best to check the rules with the Vietnam government or seek professional advice from a Tax agent.


Either way, if you are working as a contractor then you will need to invoice the employer your services and they can pay these amounts into your Australian bank account.



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Requirements for conducting consultancy service for an Australian business, from overseas | ATO Community