Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
JHW0609(Newbie)Newbie
12 Sept 2024

One employee (AU citizen) of our AU company has been doing a three-month secondment in Japan office starting from mid July 2024. Under this contract the employee is still getting paid by Australia directly (the payroll costs is apportioned between AU and Japan). Considering it’s only three-month secondment and the salary source is still from Australia, we would think this employee is still AU tax resident and subject to AU taxation, there’s no Japan tax implication.


Now Japan office hopes to keep this employee for another 12 months starting January 2025. It will technically no longer fall under a short term secondment so we assume that he would need to obtain a Japanese work visa. However, we haven’t decided if the employee will still be paid by AU office or begin being paid by Japan office directly instead. In this case I’m wondering if the tax requirement would change for this employee as individual, Australia office and Japan office?


694 views
1 replies
694 views
1 replies

Most helpful response

Most helpful reply

TamaraATO(Community Support)Community Support
16 Sept 2024

Hello @JHW0609,


Lots of decisions to make! 😦


The tax requirements will change if the person's residency for tax purposes changes also.


You can decide whether to keep them as a remote worker as you have been. Or change the employment to being fully from the foreign office. That choice doesn't determine the employee's residency for tax purposes though. 👌


Nor does a visa. It's about intentions. Are they there just for the time being, do they want to stay and migrate one day, are they only going as per the job required? ❓


As a resident for tax, they're assured all rights as if they were still here (tax, super). If they're a foreign resident for tax, their income may be deemed as foreign sourced, and no longer meet the same working rights here in Australia.





All replies

Most helpful reply

TamaraATO(Community Support)Community Support
16 Sept 2024

Hello @JHW0609,


Lots of decisions to make! 😦


The tax requirements will change if the person's residency for tax purposes changes also.


You can decide whether to keep them as a remote worker as you have been. Or change the employment to being fully from the foreign office. That choice doesn't determine the employee's residency for tax purposes though. 👌


Nor does a visa. It's about intentions. Are they there just for the time being, do they want to stay and migrate one day, are they only going as per the job required? ❓


As a resident for tax, they're assured all rights as if they were still here (tax, super). If they're a foreign resident for tax, their income may be deemed as foreign sourced, and no longer meet the same working rights here in Australia.





Loading
Overseas secondment tax implication | ATO Community