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remote_sk(Initiate)Initiate
29 Aug 2023

Hi! I'm pretty confused about what my tax burden is and to whom it's owed.


I'm a US citizen who moved to Australia with my partner for his work in July 2022. I was on a Visitor visa until December 2022, and a bridging visa until March 2023. In March 2023 I received a 461 NZ Family Relationship visa.


I work remotely for a US company. It is periodic "freelance" work, paid by the hour, for a single company. In the US, for tax purposes I am considered a contractor, not an employee, and have to pay self-employment tax. I paid US taxes on my income for the 2021-2022 tax year, which ended on Dec. 31 2022.


I am now trying to figure out what additional tax burdens I have here in Australia now that I have a visa. My understanding is that I will only have to pay tax for this past tax year on the income I have earned since receiving the 461 visa, so on what I earned from March 2023 - 30 June 2023. I do not think this meets the threshold for tax lodgement in Australia (only about 7000 AUD), but I will be required to pay US tax on it.


I am not sure whether I am considered a contractor under Australian tax law, or whether I need an ABN, or whether my employer in the US now has new obligations. I meet some of the criteria listed here for being a contractor, and some for being an employee, I think.


If I am required to have an ABN, do I then need to lodge an AU tax return for 2022-2023, even though I didn't have it actively during the tax year? Will I be in legal trouble for having done freelance work without one? (Can I "backdate" the ABN?) What are my responsibilities going forward?


I thought my relatively low income and freelancer status would make this easier, but obviously it has not. I'm very nervous about making a mistake (and fear I already have!) with all of the overlapping requirements and laws of the two countries involved. Any advice would be appreciated. Thank you!





3,097 views
3 replies
3,097 views
3 replies

Most helpful response

Most helpful reply

TonyATO(Community Support)Community Support
30 Aug 2023

Hi there @remote_sk


No need to be nervous. Our friendly community are more than happy to help.


The first thing to do is check your residency status, as it determines what income you pay tax on. Our residency decision tool is the easiest way to do this. It may be worth using the tool twice. Once as if you’re answering the questions prior to December and again for after December.


There’s not necessarily a right or wrong answer about whether you’re a contractor or employee. It depends on your agreement with the US company. The US company can choose to hire you as an employee in Australia, but they will have tax and super obligations. Otherwise, you can operate as a contractor and apply for an ABN if eligible. If you operate without an ABN, your clients can withhold tax.  


Regardless of your residency and employment status, you may need to lodge a tax return. Foreign residents are only taxed on Australian income, whereas Australian residents are taxed on worldwide income. If you’ve already paid tax in the US, you may be eligible for the foreign income tax offset.

All replies

Most helpful reply

TonyATO(Community Support)Community Support
30 Aug 2023

Hi there @remote_sk


No need to be nervous. Our friendly community are more than happy to help.


The first thing to do is check your residency status, as it determines what income you pay tax on. Our residency decision tool is the easiest way to do this. It may be worth using the tool twice. Once as if you’re answering the questions prior to December and again for after December.


There’s not necessarily a right or wrong answer about whether you’re a contractor or employee. It depends on your agreement with the US company. The US company can choose to hire you as an employee in Australia, but they will have tax and super obligations. Otherwise, you can operate as a contractor and apply for an ABN if eligible. If you operate without an ABN, your clients can withhold tax.  


Regardless of your residency and employment status, you may need to lodge a tax return. Foreign residents are only taxed on Australian income, whereas Australian residents are taxed on worldwide income. If you’ve already paid tax in the US, you may be eligible for the foreign income tax offset.

remote_sk(Initiate)Initiate
31 Aug 2023

Hi Tony, thanks so much for your reply! I am definitely now a resident for tax purposes. I think applying for an ABN is the best fit for my situation. I'm still a little confused about moving forward, though.


If I apply for an ABN now, what happens? My client/employer is American and has not withheld any tax for my not submitting an ABN with my invoices/timesheets. I also will not meet the taxable income threshold for the 2022-2023 tax year. Will I be retroactively fined for 50% of what I earned during the period I didn't have the ABN? I definitely do not want to avoid my tax responsibilities and did not mean to be operating outside the requirements! How can I fix this?

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Do I owe Australian tax as a US citizen working remotely for a US company on a 461 visa? | ATO Community