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Northside10(I'm new)I'm new
15 Nov 2023

Hello


I have been working in the UK for a year. During that time, I have been employed by an Australian company who have continued to pay me in AUD, to an Australian bank account and who have made all relevant superannuation contributions.


I understand this may be considered to be foreign sourced income, as I have earned it while living overseas.


What are the implications of this, would I need to pay back the superannuation?


How should this be reported?


Thanks

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329 views
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knaresbro(Devotee)Devotee
16 Nov 2023

In addition to considering the guidance from @Taxduck, you may with to take a look at, and perhaps ask in, the UK's equivalent to the ATO Community, @Northside10 : https://community.hmrc.gov.uk/


Given you're a resident of the UK, I'd be exploring whether the UK has the first rights on taxation.

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Taxduck(Taxicorn)Taxicorn
15 Nov 2023

If you haven't done so already you need to determine your tax residency. (i.e are you still an Australian resident for tax purposes or a foreign resident). You can use this residency calculator to help determine that. https://www.ato.gov.au/Calculators-and-tools/Work-out-your-tax-residency/

If you determine you are still an Australian resident you would lodge your Australian Tax return as such and be entitled to all offsets and be taxed at normal marginal rates. (you can apply for medicare levy exemption if out of the country for more than 12 months. see link. https://www.servicesaustralia.gov.au/sites/default/files/2022-11/ms015-2211en-f.pdf

If you determine you are a foreign resident for tax purposes then you are taxed at 32.5% for each dollar up to $120,000. You would lodge your Australian sourced income as normal however there is a question on the tax return that asks whether you are a foreign resident or an Australian resident. Mark the foreign resident.

See this link. https://www.ato.gov.au/Individuals/Coming-to-Australia-or-going-overseas/Your-tax-residency/Foreign-and-temporary-residents/

Superannuation legally has to be paid to you regardless of residency status.


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