I have read some threads here and I am still unclear on Tax status of BVB holder.
My partner is sponsored by me and has BVB, previously was class 600, and has working rights indefinitely awaiting PR assessment for Partner Visa 801/820
For tax purposes will she be a resident, what does she need to put on the employer form?
Hi @George777,
People on a subclass 600 visitor visa are usually foreign residents for tax purposes, because it’s a short‑stay visa and it doesn’t allow any work.
If the Department of Home Affairs (through VEVO) has confirmed your partner now has work rights on their bridging visa and will have lodgment requirements, then their tax residency will be worked out using the residency tests, not just the visa they hold.
If your partner has been living in Australia for a while, has a home here, and plans to stay, they may meet the residency tests and be treated as an Australian resident for tax purposes. If they meet the tests, they should tick ‘yes’ to the resident question on their Tax file number declaration.
If they don’t meet the residency tests, they are a foreign resident and should tick ‘no’.
Based on everything you've said, it might be worth your partner applying for a private ruling. This will give them a legally binding answer. Another option is using a registered tax agent come lodgment time.
Thank you for your informative reply.
The ATO tool says YES
"(Result
You are a resident of Australia for taxation purposes.)"
Has been in Aus a few times on the 12 months in, 6 months out on 600 Visa, for visiting family her Daughter who is an Aus Citizen. Also has an address here with me, and will be on the rental lease soon.
VEVO definitely shows working rights.
We will keep the private ruling in mind.
Regards,
George
Hi @George777,
If the residency tool result of ‘Yes – resident for tax purposes’ she should tick Yes on the TFN declaration.
The tool looks at where someone lives, their ties to Australia, and their intention to stay – not just their visa.
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