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22 Feb 2024

My spouse started working in Australia on a 482 visa and my child and I (NZ citizens) joined him several months later. We have a rental property in NZ (former primary residence) and investments in the US that generate 5 figures of dividends a year. There is no pathway for citizenship for my spouse as they are over 40 unless I am able to take out citizenship and then sponsor him so we will most likely be leaving in the next 3-4 years to return to NZ or possibly the US.


I am currently not working so have no income besides the rental property income (which is cash flow negative this year) and 50% of the dividend income.


This is our first year doing taxes in Australia (we have accountants in NZ and the US) so I am trying to figure out 1) do both my spouse and I need to submit a tax return and 2) is my portion of the rental income and dividend income exempt from Australia's taxation of WW income since I am a NZ citizen here on indefinite status.


We are trying to find an accountant here but it's still early stages.

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Most helpful reply

EdenATO(Community Support)Community Support
27 Feb 2024

Hi @anonymoose100,


So, figuring out if you need to lodge a tax return is probably the easiest thing to start with. You can figure this out for both you and your spouse by using the do I need to lodge a tax return? tool. This tool will ask a few questions and give you an answer based on your answers.


It is worth saying, if you don't need to lodge but have a tax file number - You need to tell us you don't need to lodge. This is called non-lodgement advice.


Now we'll move on to the residency.


Your citizenship doesn't matter much, you could still be an Aus resident for tax purposes. Your tax residency is based on a few factors. Use the link above to see if anything fits.


If you find you're either foreign and temporary residents there are different reporting rules. Check the link for more info.


You can search the Tax Practitioners Board for a registered accountant in your area.

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Most helpful reply

EdenATO(Community Support)Community Support
27 Feb 2024

Hi @anonymoose100,


So, figuring out if you need to lodge a tax return is probably the easiest thing to start with. You can figure this out for both you and your spouse by using the do I need to lodge a tax return? tool. This tool will ask a few questions and give you an answer based on your answers.


It is worth saying, if you don't need to lodge but have a tax file number - You need to tell us you don't need to lodge. This is called non-lodgement advice.


Now we'll move on to the residency.


Your citizenship doesn't matter much, you could still be an Aus resident for tax purposes. Your tax residency is based on a few factors. Use the link above to see if anything fits.


If you find you're either foreign and temporary residents there are different reporting rules. Check the link for more info.


You can search the Tax Practitioners Board for a registered accountant in your area.

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Will all our overseas income be taxed in Australia if I am a NZ citizen and spouse is on 482? | ATO Community