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sandy9876(Newbie)Newbie
4 Mar 2024

Given the queue for the 804 parent visa is around 50 years, we will likely be living in Australia on a temporary visa (Bridging Visa A - BVA), for the rest of our days.


We are retired and do not currently have any Australian income other than a small amount of bank interest (<$100 each month), which is being taxed at the highest rate as we do not have a TFN.


Questions:


1 / As temporary residents (BVA), what is our tax residency /status for tax purposes in Australia?


2 / If we apply for a TFN, will we need to complete an Australian tax return each year even though we have no other Australian income?


Note: I have tried to ascertain this using your online tools, however there is no clear answer for our situation. The tool asks if we are migrating and settling (yes we are) but then assumes we have PR (which we do not).


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1,754 views
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Most helpful reply

AnitaATO(Community Support)Community Support
7 Mar 2024

Hey @sandy9876,


Your tax residency doesn't go off what type of visa you have. You can be an Australian resident for tax purposes without being an Australian citizen or permanent resident.


You need to use one of the 4 residency tests to work out if you're a resident or not. e.g., resides test, domicile test, 183-day test and the commonwealth superannuation test.


If you apply for a TFN and you have any tax withheld from any form of income this includes bank interest, then you will need to lodge a tax return. You may be entitled to the tax that's been withheld back as a refund.

All replies

Most helpful reply

AnitaATO(Community Support)Community Support
7 Mar 2024

Hey @sandy9876,


Your tax residency doesn't go off what type of visa you have. You can be an Australian resident for tax purposes without being an Australian citizen or permanent resident.


You need to use one of the 4 residency tests to work out if you're a resident or not. e.g., resides test, domicile test, 183-day test and the commonwealth superannuation test.


If you apply for a TFN and you have any tax withheld from any form of income this includes bank interest, then you will need to lodge a tax return. You may be entitled to the tax that's been withheld back as a refund.

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Tax Status on Bridging Visa A (BVA) whilst waiting onshore for 804 Parent Visa | ATO Community