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HELP and Moving Overseas, 183 day rule

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Hi, I left Australia in January 2018 and became a tax resident of Denmark from that date. I was a tax resident of Australia from July 2017 to Jan 2018. I filled out my tax return as advised on the ATO webpages including my Australian income for 2017-2018, and my bank interest accrued up until the date i left. Based on my Australian income I am below the HELP repayment threshold. According to the calculator and info on the ATO webpage I do not need to declare my foreign income for HELP repayments because I was not overseas for 183 days out of the 12 months (I was away for 160 days). Based on my answers in my tax return it did not prompt me to include my foreign income. I am aware that I will need to begin declaring my foreign income for the tax year for HELP repayment purposes for the 2018-19 tax year. My question is whether I have read the rules correctly and do not need to repay any HELP this year based solely on my Australian income? Denmark and Australia have a double tax agreement so I am already paying quite hefty Danish taxes on all my foreign income once I became a non-resident for tax purposes in Jan 2018, including on my australian interest earnings. I have already done my tax return and thought I had done it correctly but was surprised to see no mention of HELP on my NOA. Thanks

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ATO Certified

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Hi @shr611,

 

Thanks for getting in touch!

 

Generally, if you're a non-resident and don't receive income from Australian sources you don't need to lodge an income tax return. However, as you have a HELP account, you'll be required to report your worldwide income each year.

 

If your worldwide income is below $13,968, you'll need to lodge a non-lodgment advice form, or, if your worldwide income is above $13,968 you'll need to report your worldwide income through ATO online services or Australian registered tax agent. You can use our Are you a resident decision tool on our website for more information. You need to be sure to keep your contact details with us up to date by completing an overseas travel notification, either through online services or an Australian registered tax agent.

 

If you wish to speak to an operator regarding your situation, you can phone or Skype us on +61 2 6216 1111 between 8am - 5pm (AEST), Monday to Friday and let the operator know you are calling from overseas to request a callback.

 

Thanks, JodieH. 

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Taxicorn

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Reportable income for HELP and TSL

Your worldwide income is your Australian repayment income and your non-resident foreign sourced income. Your non-resident foreign sourced income is any income you earned from sources outside of Australia while you were a non-resident.

 

Best answer

ATO Certified

Community Support

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Hi @shr611,

 

Thanks for getting in touch!

 

Generally, if you're a non-resident and don't receive income from Australian sources you don't need to lodge an income tax return. However, as you have a HELP account, you'll be required to report your worldwide income each year.

 

If your worldwide income is below $13,968, you'll need to lodge a non-lodgment advice form, or, if your worldwide income is above $13,968 you'll need to report your worldwide income through ATO online services or Australian registered tax agent. You can use our Are you a resident decision tool on our website for more information. You need to be sure to keep your contact details with us up to date by completing an overseas travel notification, either through online services or an Australian registered tax agent.

 

If you wish to speak to an operator regarding your situation, you can phone or Skype us on +61 2 6216 1111 between 8am - 5pm (AEST), Monday to Friday and let the operator know you are calling from overseas to request a callback.

 

Thanks, JodieH. 

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