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MLCorky(Newbie)Newbie
12 Aug 2024

I have an employee who has been sponsored by the company, he was on a 417 Visa until January 2024, and he was granted a 482 visa during this time the immigration department was still awaiting a police check, they then pushed the employee onto a bridging visa for the 482 pending the police report from Germany. The employee did a self-assessment online with the ATO that recommended he is now a resident for tax purposes, and he lodged a tax declaration form with us to change is ATO status. We acted on the tax declaration form provided by the employee and changed his status and taxed him accordingly.

The employees tax agent is now telling him that he is not required to lodge a tax return, and the employer has withheld the incorrect tax amounts and that they should return this money to him direct.

can you please clarify what status the employee should be on ?

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420 views
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Most helpful reply

AnitaATO(Community Support)Community Support
15 Aug 2024

Hey @MLCorky,


It's up to the employee to work out their residency status. You can only go off what they've told you with a withholding declaration. If they've had tax withheld, they'll need to lodge a tax return. They'll have the question on their tax return about being a resident and if they have now decided they haven't then they'll answer no.


According to his visa's the 417 visa is a working holiday visa so he would have been taxed on his income anyway and needed to lodge a tax return. Now on this visa depending on whether you were registered as an employer for WHM's he would have been taxed at either 32.5% or 15%.


482 Visa is where they'll need to work out their residency status in Australia. Either way they need to provide you with a withholding declaration and they're likely to have tax withheld and need to lodge a tax return.



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Most helpful reply

AnitaATO(Community Support)Community Support
15 Aug 2024

Hey @MLCorky,


It's up to the employee to work out their residency status. You can only go off what they've told you with a withholding declaration. If they've had tax withheld, they'll need to lodge a tax return. They'll have the question on their tax return about being a resident and if they have now decided they haven't then they'll answer no.


According to his visa's the 417 visa is a working holiday visa so he would have been taxed on his income anyway and needed to lodge a tax return. Now on this visa depending on whether you were registered as an employer for WHM's he would have been taxed at either 32.5% or 15%.


482 Visa is where they'll need to work out their residency status in Australia. Either way they need to provide you with a withholding declaration and they're likely to have tax withheld and need to lodge a tax return.



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Employee changing from a 417 visa to a bridging visa for 482 | ATO Community