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Do I declare my partner's overseas income is he is overseas and not an Australian resident?

Newbie

Views 184

Replies 6

Hi,

I am on temporary visa in Australia, and my partner does not live here. He is not an Australian resident for tax purposes too and have lived overseas eversince. Do I still need to declare his income on my tax return and will this have an impact?

 

Thanks

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 5

Hiya @Konz12345,

 

Because your spouse isn't living in the country, they don't meet the criteria for you to need to report their income.

This link explains - that a spouse includes another person who:

  • you were in a relationship with that was registered under a prescribed state or territory law
  • although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.

Unless you have been married in an Australian state, but it sounds like they haven't ever been in the country.

 

6 REPLIES 6

Most helpful response

ATO Community Support

Replies 5

Hiya @Konz12345,

 

Because your spouse isn't living in the country, they don't meet the criteria for you to need to report their income.

This link explains - that a spouse includes another person who:

  • you were in a relationship with that was registered under a prescribed state or territory law
  • although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.

Unless you have been married in an Australian state, but it sounds like they haven't ever been in the country.

 

Newbie

Replies 0

Hi StephATO,

 

Thank you for your response. I have registered our de facto relationship here in NSW last 2020, however, due to pandemic and border closure, he has not come here.

I still don't declare him right? Thanks!

Newbie

Replies 3

Thank you,

 

Do I still put his Name etc on Spouse Details in myTax and put zero on his income, or I don't put his name  etc at all? Thanks so much

ATO Community Support

Replies 2

Hi @Konz12345,

 

If you are not declaring him as your spouse on your return, you would leave that information blank and advise you did not have a spouse for the full financial year.

 

I hope this helps.

 

 

Newbie

Replies 1

Thanks,

 

I am not sure if this will impact any future visa application since we are de facto, and will not declare him in ATO? But right now he has no existing australian visa and has not been a resident, so no taxable income too.

Newbie

Replies 0

Your defacto relationship may end if you live apart for as long as 1-2 years. For visa purpose you have to prove your relationship. For tax purposes, if you don't mention your partner, you might be paying medicare levy etc. You have to confirm.  Thanks