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Re: Kiwi returned to NZ but still employed by Australian business

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I'm new

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Hi,

I am an NZ citizen that moved to Sydney to 12 years ago to work full time for an Australian business. For various personal reasons, my wife, child, and I have moved back to NZ.

 

Thankfully my job allows me to basically work from anywhere and as such, since Feb 2019 I am now permanently living in NZ but I am still fully employed with the Australian business. I will have no NZ income.

 

Under NZ IRD tax laws, I am an NZ tax resident, because I am an NZ citizen now permanently living in NZ. Under AU resided laws, I'm NOT a tax resident... except I will continue to be an Australian employee, paying Australian tax, and money going into my Australian super.

 

From my various discussions in NZ and Australia, I'm a special little situation that no one appears to know what to do. It's all so confusing.

 

Can anyone point me in the right direction as to what I need to do? As I'm already over here in NZ, I cannot call any of the 1300 ATO phone numbers and I cannot find any normal +61 numbers.

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ATO Certified Response

Former Community Support

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Hi @GTRoberts,


Welcome to our Community!


If you're not considered a resident of Australia for tax purposes but you're receiving income from an Australian source, you'll be required to report this income in an Australian tax return. You can find information about foreign income on our website.


If you'd like to phone us to discuss your situation you can phone or Skype us on +61 2 6216 1111 between 8am - 5pm Monday to Friday (AEST) and let the operator know you're calling from overseas to request a call back. You'll need to answer some security questions for the customer service representative to access your account, so have some additional information when you when you call.

 

Hope this helps, JodieH.

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Most helpful response

ATO Certified Response

Former Community Support

Replies 0

Hi @GTRoberts,


Welcome to our Community!


If you're not considered a resident of Australia for tax purposes but you're receiving income from an Australian source, you'll be required to report this income in an Australian tax return. You can find information about foreign income on our website.


If you'd like to phone us to discuss your situation you can phone or Skype us on +61 2 6216 1111 between 8am - 5pm Monday to Friday (AEST) and let the operator know you're calling from overseas to request a call back. You'll need to answer some security questions for the customer service representative to access your account, so have some additional information when you when you call.

 

Hope this helps, JodieH.

Newbie

Replies 1

Hi there, 

 

I'm in the same situation, wondering if you have figured this out with ATO? what's the arrangement? also if you are living in NZ, do you still have to pay medicare ? or calim this back and pay ACC instead ? 

 

Cheers

Mark 

ATO Community Support

Replies 0

Hi @MFan

 

Your Australian tax obligation will likely fall to the DTA (Double Tax Agreement) between Australia and New Zealand. I am assuming you are now living in NZ and a New Zealand resident for tax purposes, therefore you will want to address this question to the New Zealand Inland Revenue so the source of the income based on the agreement can be established and thereby the tax treatment.

 

The general rule is that if the treaty allows Australia to tax the income of a non-resident, the double tax agreement (DTA) will usually deem the source of that income to be in Australia.  Therefore, whenever the customer is a resident of a treaty country, it is easier to read the DTA first in order to determine what the source of the income is rather than try to ascertain what the common law source is. see How income tax works

 

If you need to contact us from overseas it is possible to do so through our switch.

 

Kind regards

MarkATO

Newbie

Replies 0

@GTRoberts

 Hello, just wondering if you have sort out your tax situation, I'm in the same situation as you are, deiciing to move back to NZ this year, so windering what's the tax arrangment Smiley Happy