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My husband who is a non-resident needs to lodge tax return?

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Newbie

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Replies 5

Hi,

My husband works in overseas and he never obtained Australian resident visa.

I don't work and my husband supports me and our two children.

Every year I and my husband lodged tax return as non-lodgers and I reported my husband's income from overseas as "Foreign income".

However I can not lodge a tax return for the last years because of my husband. They said my husband needs to lodge a tax return as a foreigner and we have to pay tax in Australia even he earns 100% from oversesa.
Is it right? Do we have to pay tax because of the foreign income?

 

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Community Support

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Hi @Mjwooho0811,

 

Thanks for your question!

 

I just want to clarify a few things that I'm not sure on. You mentioned that every year you and your husband have lodged returns not necessary. Has your husband lodged a return not necessary for the same financial year you have been unable to lodge for yet?

 

The ATO has a "Do I need to lodge a tax return" calculator that may be of use to you.

 

Thanks,

EmilyW

5 REPLIES 5
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Enthusiast

Replies 3

It’s not clear from your post where your husband lives? Is he in Australia earning money from an overseas source? Or is he living overseas? Is it Centrelink saying you need to lodge a tax return to get payments? These details can all make a difference to the answer.

To find out if you need to lodge a tax return in Australia, you and your husband could use this online tool: https://www.ato.gov.au/Calculators-and-tools/Do-I-need-to-lodge-a-tax-return/.

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Newbie

Replies 2

Firstly, very thanks for your replying.
My husband lives and works in overseas because he never been an Australia resident.
Centrelink rejects my non-lodgement application due to my husband. And ATO asks me process next step to solve it through an accountant.
The cost for the accountant must be hudreds dollars and a lot more.
I would like to know my husband as a foreigner really has to pay tax?
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Newbie

Replies 1

Hi @Mjwooho0811 

 

 Did you get more details on your problem? I am also in similar situation as my husband is living and working overseas and sending me regular remittances for family maintenance. I would like to apply FTB for my kids. Could you please explain why Centrelink rejected your application? Is it due to your husband?

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Community Support

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Hi @Mjwooho0811,

 

We may need some more information to answer your question accurately.

 

Non-residents earning foreign income have to lodge if they have a higher education loan. Does your husband have one of these? That could be the reason we have requested he lodge.

 

Also, while your husband may not have an Australian Resident Visa, he may still be considered a resident for tax purposes. We have an online tool to determine if you are a resident for tax purposes, I'd highly recommend you try that.

 

If your husband is a resident for tax purposes then he will definitely have to lodge. Whether or not your husband will have to pay tax on his foreign income is based on his circumstances.

 

Hope this helps!

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Best answer

Community Support

Replies 0

Hi @Mjwooho0811,

 

Thanks for your question!

 

I just want to clarify a few things that I'm not sure on. You mentioned that every year you and your husband have lodged returns not necessary. Has your husband lodged a return not necessary for the same financial year you have been unable to lodge for yet?

 

The ATO has a "Do I need to lodge a tax return" calculator that may be of use to you.

 

Thanks,

EmilyW