The Australian Housing market - Alice in Wonderland continues - September 10, 2020
Long-term expatriates tend to shake their head in bemusement at the Australian property market, unsure as to whether it actually takes any notice of conventional economics. And so it seems to continue, you would have perhaps thought that in the middle of a global pandemic, with Australia projected to be in its first (significant) recession in 30 years and rising unemployment, that real estate prices - always thought to be overvalued in Australia - would have been badly impacted.
However, a combination of very low interest rates and a marked reduction in real estate listings - see the table below - have combined to result in the market seeing very little in the way of price reductions, apart from the apartment market in certain areas and Melbourne real estate generally, and a "recovery" is tipped for 2021. We are a little more sanguine - there is an unprecedented amount of government driven liquidity in the economy, courtesy largely of JobKeeper and, with unemployment rates inevitably rising, we think there are significant downside risks apparent in the second quarter of next year as the stimulus unwinds.
Australian Life Insurers refuse cover for Expatriates - September 8, 2020
At the current time it is our understanding that no Australian life Insurer will provide individual life insurance cover to expatriates. In the past, Insurers have declined to provide cover where expatriates have been resident in countries where the Australian government has advised citizens “not to travel or reside”; referred to as DFAT level 4. Now that all countries outside Australia now fall into DFAT Level 4 Insurers have taken the approach of refusing cover for anyone outside Australia.
More remarkably, cover is being refused if there is any intention expressed to travel outside Australia, whether permanently, for business purposes or for tourism - even though Covid 19 related illnesses would be specifically excluded in any cover. Talk to your employer if you are going on a work assignment just to ensure you have appropriate levels of cover and, if you are already outside Australia, your only available option may be to arrange cover through a local Insurer. Whether this is a real or good option will depend on your country of residency.
A quick summary of what has happened to the ASX and AUD in the year to the end of August - August 31, 2020
Just updating an earlier analysis of how both Australian equities and AUD have fared in 2020:
ASX: From an historic high of 7,162 on February 20, the ASX200 dropped a staggering 2,616 points over the following month to a low of 4,546 points before recovering to 6,061 points as at August 31, with the market having basically "trod water" over the last 2 months - and that's still 16.4% below the February high. Much of the positive noise in the equities market has in fact surrounded the large US tech companies, which have made substantial gains.
AUD/USD: The Aussie dollar started the year fairly strongly hovering around 70 US cents, before falling sharply in tandem with the ASX as a consequence of the Covid 19 pandemic. It fell to a low of just below US 58 cents before recovering to nearly 74 cents on August 30; up nearly 5% on the year largely on the back of weakness in the USD rather than against other major currencies.
Looking into the crystal ball - financial forecasting during Covid 19 - August 25, 2020
These are unparalleled times and consequently making economic predictions is a risky undertaking. However, NAB have a good forecasting record and have recently released some forward projections regarding both unemployment rates and house prices which expats might find interesting.
NAB's business survey data suggested that consumption and the broader economy were maintaining momentum until late July, although capacity levels were still well down from late last year. This was prior to Victorian introducing stage 4 restrictions which could reduce Victorian output by as much as 15% in Q3, and nationally take about 3 per cent off Q3 GDP.
Over the course of 2020 NAB see output down around 5.7% nationally and and no rebound in growth till mid 2021. On that basis unemployment is expected to peak at around 9.6% in early 2021, and to still be around 7.6% by end 2022. House prices are expected to fall by around 10-15%; and while prices are likely to fall in all states this will be led by Sydney and Melbourne which will be impacted by slowing population growth and increased supply. NAB also expect to see more substantial falls in commercial property prices –especially in retail & office
In practice we probably haven't yet seen falls in property prices of the magnitude suggested above, but supply has been very constrained and if any organisation has a vested interested in a healthy property market it is the banks - so, if they are taking a conservative view, pay attention. If NAB is right, time would still seem to be on the side of expats considering whether to buy back into the Australian market.
Time to consider tax residency again - August 11, 2020
During May, in the commentary below, we discussed how as a consequence of the Covid 19 pandemic the ATO had indicated that it would take a more flexible approach to the issue of tax residency as it affected people who needed to stay in Australia, or were effectively trapped because of travel restrictions.
Now that it is becoming clear that Covid 19 is not going to be temporary phenomena, and travel restrictions may not lift until early next year, the ATO is beginning to signal that this flexibility is on the wane, and individual should begin to normalise their tax arrangements. Consequently, we would advise anyone to might be significantly affected by being considered resident for Australian tax purposes, to seek individual professional advice regarding their position.
"Tracksuit man and Lululemon lady" - Career advice for returning expatriates - July 15, 2020
The Australian press today contained an article quoting an executive recruiter who warned that returning expatriates need to manage their salary expectations or risk becoming "tracksuit man" or "Lululemon lady" - "Tracksuit man" in this situation is a man sitting in a coffee shop thumbing through the Australian Financial Review because they haven't got a job. The recruiter also went on to add that, "The trouble is, though, not all of those candidates fit back into this market. They've got giant egos, expectations about either their capabilities or the economics that don't match the local market."
We don't necessarily like the language in which the opinion is expressed, but recruiters should provide candidates with honest advice and it is indeed important for returning expatriates to be realistic about their job options in what is a very tight market. We also don't agree about the reference to egos - obviously this can be an individual problem, we've all seen that, but we think the more endemic problem is the parochial nature of the Australian labour market and its participants, at all levels, including recruiters and their clients.
However, most returning expats have little if any leverage and need to be intensely practical - and that includes considering other options, if their financial position allows, to alternatively spend their time improving professional qualifications or initiating start-ups.
Meanwhile, maintaining networks is obviously important, but expats should try and ensure that any contact with recruiters is limited to those with some direct experience of being an expatriate themselves - it at least suggests they will have an open mind regarding the value of an expatriate's work experience.
Australian Government Travel Advice regarding China - July 7, 2020
The Australian Government continues to recommend against travel to China, but has released a new travel advice:
China will not allow most foreigners to enter China due to COVID-19. Direct flights between China and Australia have significantly reduced. If despite our advice you travel to China, you’ll be subject to 14 days mandatory quarantine. Quarantine requirements may change at short notice. If you’re already in China, and wish to return to Australia, we recommend you do so as soon as possible by commercial means. Authorities have detained foreigners because they're 'endangering national security'. Australians may also be at risk of arbitrary detention.
Australian Government Travel Advice regarding Hong Kong - July 2, 2020
The Australian Government has released a travel advice: Do not travel to Hong Kong
The advice is repeated below in part and travellers to Hong Kong, and residents, are recommended to read the advice - the concern is obviously that Australians in both Hong Kong and China do not participate innocently in activities that could fall within the scope of security laws, particularly in these more sensitive times.
"National security legislation for Hong Kong came into effect on 1 July 2020. This law could be interpreted broadly. You can break the law without intending to. The maximum penalty under this law in Hong Kong is life imprisonment. See ‘Local Laws’ section for further details.
There’s an increased possibility of demonstrations in Hong Kong. These may take place with little or no notice. Some could turn into violent clashes. If there are signs of disorder, move away quickly to a safe place. If you’re in Hong Kong, monitor media and follow the advice of local authorities."
With Interest rates at historic lows, many expats should consider re-financing their mortgages - June 21, 2020
We often find that Australian expats, particular long term expats, have very uncompetitive mortgage arrangements - usually as a consequence of inertia and the perceived, rather than real, difficulty attaching to the re-financing of their mortgages. It can be more difficult to re-finance than arrange an original mortgage, largely because of the reduced number of lenders, but re-financing is rarely problematic.
With current mortgage rates at historic lows - see the table below showing indicative interest rates - many expats are missing an opportunity to make substantial savings. Please feel to make an Inquiry to our mortgage broker and note that no cost or commitment attaches; the lender pays all fees in Australia.
|Type of Mortgage||
|Standard Variable Rate - Owner Occupied (P & I )||
|Standard Variable Rate - Investment (P & I)||
|Fixed Rate Home Loan - Investment (P & I) - 5 years||
Australian Real Estate - Paused and waiting for direction - June 4, 2020
It will not surprise many people to hear that the Australian real estate market is currently in a pause, as consequence of the Covid 19 pandemic and a very opaque economic picture. The Table below (Source: Domain) shows that listings have fallen significantly compared to last year in most major cities - and the reduction is particularly significant because this period last year preceded the Federal election, when uncertainty had already resulted in very low stock levels.
|New listings April 27 to May 24, 2020 - year on year change|
We think the current market is being supported by low stock levels and Jobkeeper/fiscal payments - unless individual properties represent a very compelling value proposition to expats we suggest that they do participate at present, but wait until a direction is evident in the last quarter of this year.
Super Fund Performance - Covid 19 Impact - May 11, 2020
Recent data from Superratings has provided some indication of the damage wrought by Covid 19, and particularly the impact on equity markets earlier this year, on Australian super fund returns.
Most balanced super funds, and they represent the majority of funds, have a significant investment in the equity market(s) and this has seen most of them post-negative returns financial year-to-date. The chart below shows the performance of some of the leading balanced funds over the last 5 years - with investment returns ranging between -3% and -6.5%.
Covid-19 and Tax Residency - ATO flagging some welcome flexibility – May 5, 2020
The ATO has indicated that it may take a flexible approach to individuals who need to stay in Australia because of Covid 19 restrictions, when it comes to assessing their tax residency status.
Some comments in relation to individuals returning to Australia as a result of Covid 19 are included on the following pages and include the following FAQ;
|Question: Will my tax residency for tax purposes change as a result of me returning to Australia due to COVID-19?|
Answer: Whether you are a resident for tax purposes in Australia is a question of fact that requires consideration of your circumstances.
If you are here temporarily for some weeks or months because of COVID-19 then you will not become an Australian resident for tax purposes as long as you:
However the tax residency issue may be more complicated if you:
We appreciate that there will be unique situations with a range of potential tax outcomes. We will update and may revise this advice progressively as events unfold.
Additionally the Commissioner of taxation recently issued a statement to the tax profession which included the following comment:
"Also, if coping with COVID-19 is causing theoretical tax issues for you or for your clients, let us help. You don’t need to agonise over academic, technical arguments: contact us, and we’ll try our best to give pragmatic, practical advice. We’ve already done this on a range of issues, from central management and control, to SMSF residency issues, to expat tax issues."
In summary, much will obviously depend upon individual circumstances, but the ATO at least flagging that they intend to approach particular situations in a flexible and pragmatic fashion.
Volatile Equity and Forex markets - AUD/USD and ASX200 - April 25, 2020
High levels of volatility in both the Australian equity and forex markets remain a continuing feature. Trading volumes in the ASX are very high and Australian online brokers report very large numbers of new enrolments; with many new investors of the view that the downturn represents a significant opportunity for value investors, with a bias towards to blue chip shares. However, despite some recovery the ASX remains nearly 27% below the peak levels set in February 2020.
There has been a large increase in interest from expats and foreign investors seeking to buy and trade Australian shares, perhaps also prompted by a soft but recovering AUD. We need to stress however that setting up non-resident accounts is quite complex, and it is not economic for our broker to establish an account unless there is a clear intention to build a significant portfolio of Australia shares and the investor is seeking advice and to trade regularly.
Early access to Superannuation – Coronavirus – April 17, 2020
Expats are probably aware that the government is now allowing early access to superannuation; up to $10,000 in the period to 1 July 2020, and a further $10,000 from July 2020 to 24 September 2020. Applications will be accepted through the ATO online services in myGov from April 20.
Expatriates may qualify for early access, because the government on this occasion has not tied access to eligibility for Australian social security. You will need to satisfy one or more of the following requirements:
Obviously, we believe that drawing on your superannuation should be a last resort, but can understand that it may provide a welcome fallback for many Australians still overseas. We can't however comment on how well the ATO system is going to manage, or otherwise, the evidentiary requirements around eligibility for expats - they will likely struggle simply to meet domestic demand.
Overseas Redundancy and Taxation - April 3, 2020
The coronavirus pandemic has resulted in an unprecedented level of dislocation for Australian expatriates, with many returning home after having broken service with Australian and overseas employers. It's important to remind individuals to seek appropriate tax advice regarding those payments, because the proper management of those payments can have a significant impact on how they are taxed in Australia.
Further details are available on our page devoted to the taxation of redundancy and separation payments, and I've repeated a paragraph below:
|"Ensuring that these payments are made on a tax effective basis will often involve direct communications between a tax professional and an individual's employer - with a view to ensuring any payment relating to overseas service meets the ATO's requirements. Note that even if the employer does not agree to making a payment on a tax exempt basis it may be possible to pursue a later refund from the ATO if a separate payment has been arranged. Prior professional advice is absolutely recommended before the receipt of any redundancy related payment."|
Coronavirus: Implications and observations - March 17, 2020
Everyone will be heartily sick of even the mention of the Coronavirus epidemic, but unfortunately the process is just starting. We would just make a couple of short observations at the present time that might be interesting to expatriates.
Real Estate: We have just updated our charts showing changes in real estate prices across a major Australian capital cities, based on figures released today from the ABS. They show significant price increases in the major capital cities, particularly Melbourne and Sydney, but these should be viewed as simply historic curiosities. Sometimes, significant retreats on the equities market lead to a bump up in real estate prices, but these are unusual times and we believe the market will show significant falls in the next 3 to 6 months. Data will be inconsistent, and the market will become very shallow, with potential sellers withdrawing from the market unless there are no other choices available.
Tax Changes: The Government has announced a series of tax changes which are intended to support local small businesses "survive" during what will be a very difficult period. These include instant asset write-offs and tax refunds for small businesses based upon the amount of wages and tax paid in the first and second quarters of 2020. These seem somewhat misplaced because the major issue confronting these businesses is cash flow, or a lack of it, and the Government's measures require the payment of tax before being reimbursed weeks or months later. No changes have been made or flagged which would appear to have a significant impact in terms of expatriates at this stage.
I would just mention, for those expatriates who are still considering whether they should relocate their families to Australia during this period, that this can often happen without affecting your tax residency status, subject to receiving prior professional advice.
Australian Super Funds generate very strong earnings in 2019 - January 18, 2020
Australian super funds, and more particularly "growth" funds, delivered very strong returns during the course of 2019. Consultants, Chant West, report that growth orientated super funds delivered an average return of 14.7% during the course of 2019.
In this context, Chant West defines growth funds as those that have between 61% and 80% allocated to growth assets - such as domestic and Australian equities - and that includes many super funds marketed as "balanced funds". Balanced funds tend to be the default option for many superannuation investors and include the majority of investment funds.
These are exceptional returns - and don't represent the norm - but nevertheless they illustrate why some continuing exposure to Australian superannuation should be considered by expats - and particularly by long term expatriates.
Discriminatory Main Residence CGT Legislation becomes Law - December 29, 2019
On Wednesday, October 23 the Assistant Treasurer, Michael Sukkar, reintroduced legislation to:
|"remove the entitlement to the CGT main residence exemption for foreign residents other than where certain life events occur during the period that a person is a foreign resident where that period is six years or less"|
The original Bill, which sought to deny the CGT main residence exemption to non-residents, including Australian expatriates, officially lapsed on July 1, 2019. The fact that the Morrison Government re-introduced the legislation removes any suggestion that extending the legislation to Australian expatriates, rather than just foreign investors, was a mistake or "unintended consequence".
The new Bill passed the House of Representatives on Wednesday, November 27, the Senate on December 5 and received Royal assent on December 15. Consequently, many expatriates will be denied the ability to claim the CGT main residence exemption, in part or in full, from July 1, 2020.
The Government's dogged pursuit of a this policy, which treats Australian citizens differently depending on where they are resident, simply because one pursues job opportunities overseas rather than domestically, is just inexplicable. The legislation should have been confined to foreign investors in Australian real estate, not to citizens and permanent residents. As a member of the Australian Tax Institute was quoted as saying in the media, "There is no legitimate policy reason for denying Australian citizens the CGT main residence exemption in these circumstances."
What is even more inexplicable is that the Labor opposition supported the new legislation on the basis that, "The original measure, as part of the 2017 budget, had some flaws, including its potential impact on expats and New Zealanders living in Australia. Labor is glad the flaws will now be fixed. This is a good measure that provides important revenue for the budget." Consequently, Labor are happy to protect expatriates on assignment in Australia but not Australian citizens on assignment overseas!
The Government's approach is possibly a reflection of the fact that the entire extent of the Prime Minister, Treasurer and Assistant Treasurer's overseas work experience appears limited to a two-year assignment by the Prime Minister in New Zealand twenty years ago. In any event, we summarise the new legislation in more detail on our CGT main residence exemption page. We stress that expats impacted by the legislation should carefully consider obtaining professional advice regarding the precise impact and options available - as soon as practicable.
|We continue to take the view that all the Australian expatriates consider expressing their displeasure for these intended changes either through direct contact with the Prime Minister's office, or Treasurer's office, or more practically through the various Australian Chambers of Commerce. At the present time, however, the Government appears immune to reasonable discussion and it might be appropriate for Australian expatriate organisations to immediately withdraw hospitality and support to visiting members of the Government until there is a sense that the Government is prepared to explain why a discriminatory approach to expatriates is fair and reasonable.|
RBA confirms: Australian banks still (far) too expensive for International money transfers - December 11, 2019
In an address to a Sydney conference on December 10, the Governor of the Reserve Bank, Philip Lowe, confirmed our previous advice, and the personal experience of many expatriates, when he indicated:
|"The main results are summarised in this graph (Graph 6 below). In nearly every case, the major banks are more expensive than the digital MTOs. For the major banks, the average mark-up over the wholesale exchange rate is around 5½ per cent, versus about 1 per cent for the digital money transfer operators (MTOs)."|
In the absence of special circumstances, for example access to commercial rates, expatriates will normally be better placed - both in terms of fees and exchange rates - using specialist foreign currency transfer companies rather than Australian banks, and should "shop around" - subject to ensuring that any service has appropriate financial licences.
The Retirement Income Review - November 26, 2019
Many expats won't be aware of the fact that the Government has initiated a Retirement Income Review, which is scheduled to report by June 2020 - following a consultation period through until February 2020.
The review has been trumpeted as a fact-finding mission by the Treasurer, to lay the groundwork for further discussion around "future retirement options". The focus on facts means that the government will not be faced with potentially embarrassing recommendations - in a particularly sensitive area. The political sensitivity is illustrated by the fact that the Treasurer has already indicated that the "family home" would "never" form part of the pension assets test.
That (irrational) presumption may prove problematic if the conclusion reached is that demographic changes are placing the retirement system under significant financial pressure - since the other options are also unattractive, including deferral of access to superannuation until the pension age (now 67), increasing taxes on superannuation, reducing contributions and an inheritance tax.
The importance attaching to property becomes clear when looking at the distribution of wealth in Australia - see the chart below - we are severely overweight property with no end in sight, particularly given low interest rates. But if property continues to remains a "protected animal" for political reasons - despite the high direct and indirect costs it imposes on Australian society - then expats need to bear that in mind when it comes to looking at their portfolio of assets in Australia.
Retiring or Investing in Indonesia/Bali - perhaps time to thing again - September 20, 2019
We regularly provide advice to Australians both on assignment overseas, and looking to retire overseas, whether permanently or for only part of the year. Over a number of years we have regularly advised against retirement into Indonesia. Indonesia is the world's most populous Muslim nation and has a long history of tolerance and moderation, but recent events have suggested that a very much less tolerant environment may be developing.
Now there is news that the Indonesian parliament is in the process of passing a revised criminal code - which would have application to foreign residents and visitors - prohibiting the following and carrying very significant penalties:
- adultery or sex outside of marriage, encompassing all same-sex sexual relations, with charges only proceeding following a complaint by a spouse, child or parent;
- cohabitation outside of marriage, with charges only proceeding following a complaint by a spouse, child or parent;
- 'indecent acts' carried out in public, by force or published;
- insulting the President, Vice President, religion, state institutions and symbols (such as, the flag, and national anthem);
- subverting the national ideology Pancasila.
In countries such as Indonesia, it's always a question of how much of this law will be applied in practice - particularly in environment such as Bali, which are not Muslim. However, if misused they potentially provide police and other officials with significant leverage against foreign residents and any drift towards "Sharia law" should be a concern - both in terms of individual rights and the legal enforceability of property rights.
Despite the charms of Bali and many other parts of Indonesia, our advice is to consider very carefully any long-term commitment to retirement in the country, or indeed any commercial investment in tourism or hospitality.
Australian Management – "thy name is parochial" - September 14, 2019
From the date that this website was established, over 15 years ago, we have been highlighting the parochial nature of Australian companies and their management when it comes to the employment of returning expatriates. Recent research commissioned by Advance, suggests that nothing has changed in the interim period, and that is perhaps why Australia's commercial engagement with the rest of the world, and particularly Asia, isn't what it should be.
Some the major survey results include:
- 73% of returning expatriates believe that Australian businesses are generally reluctant to hire Australians who worked overseas
- 83% of HR respondents "are reluctant or cautious about recommending returning expatriates for Australian base roles", and
- 35% of HR respondents believe recruiting returned Australians is more difficult than it's worth.
Apart from suggesting that the status quo remains, this means that returning expatriates should not generally rely upon recruitment advisors or agencies, who will always take what they regard to be the "line of least resistance". Care, wherever possible, needs to be taken to maintain personal and professional networks in Australia - and you need to honestly factor in the career risk of accepting an international assignment when considering any offer.
Of course, not all companies or industries are the same, and some welcome and foster international experience. However, it sadly remains the case, despite all the intervening years, that the seasoned, internationally experienced expatriate is likely to be asked, as one of their first questions, "what is your network like in Melbourne and Sydney?" Rather than what is your network like in Hong Kong, New York and London, or focussing on what new experience they might be able to bring to an employer.?
Time to check your current Mortgage rate - July 10, 2019
Australian banks deny they do it on purpose, but they make an awful lot of their money from customers who remain in old or "legacy" products, which are often not competitive.
This is particularly the case with expatriates, who because they are outside the local market aren't as sensitive to interest rate changes - which have been significant very recently - and have a tendency to think that the re-financing of a mortgage would be "just too difficult". The latter is not correct, we assist in arranging mortgages on a very regular basis for expatriates and, although the process can be a bit more prolonged than if you were located in Australia, it can potentially save you a lot of money.
What is problematic is that most Australian banks, while they will provide mortgage finance in the right situation for expatriates, will not assist with re-financing. Their reasons aren't obvious, but the effect can be anti-competitive and lock expatriates into a mortgage. However, one major bank will consider refinancing, and we think it's in every expatriate's interest to test the current mortgage terms and conditions, and carefully consider whether a re-financing is worthwhile.
Within the website we provide indicative rates of interest on expatriate mortgages, and if you wish to discuss whether refinancing is available and worthwhile, an experienced mortgage broker is available to assist, without cost or commitment on your part.
HELP, VSL and TSL Debts - ATO Data Matching - Australians Overseas - July 10, 2019
On July 5, 2019 the ATO announced that a data matching program would obtain information from the Department of Home affairs (DHA) regarding individuals with existing HELP, VSL and TSL debts. The ATO will match this information, "... against ATO records and other data we hold to identify debtors that may not be meeting their registration lodgement and/or payment obligations."
The data items that will be obtained - and the suggestion is that up to 3 million individuals might be involved in this process - are:
- Identifying particulars for the HELP, VSL and TSL debtor population (name, date of birth, ATO/DHA identifiers).
- DHA overseas movement details (Passport number, passport country of issue, offshore status, departure and return dates) held on DHA system.
We believe that a substantial number of Australians overseas are still not meeting their commitments with respect to student loans, probably because of the perceived "hassle factor" and the relatively awkward nature of the process. Regardless, we strongly recommend that you ensure that you are meeting any requirements and avoid being approached by the ATO. For more details see our page on Repayment of Help Debts.
Tax and Super: What's Changing today? - July 1, 2019
A quick summary of some of the changes to super and tax applying from July 1, 2019.
- Australians born between January 1, 1954 and June 30, 1955 will now have to wait until they turn 66 before they can apply for the age pension. Eventually, the minimum age for access to the age pension will increase to 67 by July 1, 2023. Additionally, the minimum age at which you can normally access superannuation - your preservation age - is also increasing. Individuals turning 57 years of age from July 1, 2019 to June 30, 2020, will need to wait until they are aged 58 to access a super (including transition to retirement pensions). Remember, Australians resident overseas normally need to return and reside in Australia before being eligible for the age pension, unless living in a country with which Australia has an International social security agreement.
- Under the Government's "Protecting Your Super" package, super accounts that have been inactive for 16 months with a balance of less than $6000, will be transferred to the ATO. This move could capture a lot of younger expats, many of whom often have super (inefficiently) scattered across a number of accounts - and you could lose some life insurance cover as a result.
- Still no agreement regarding tax rates for 2019/2010 with the Government demanding that the opposition support all three phases of its tax program. And still no communication regarding whether the Government intends to withdraw or amend its proposal to withdraw the CGT main residence exemption from Australian citizens and permanent residents who are non-resident tax purposes.
Tax Residency in the news again - June 24, 2019
Another tax residency decision, made back in May 2019, has now received some wider press attention in Australia - largely because it is seen as rebutting the suggestion that someone can be a "tax resident of nowhere". The case is consistent with previous decisions and with the views expressed elsewhere in this website, that individuals seeking to break Australian tax residency need to ensure that they become a tax resident elsewhere in the world. In the absence of doing so they will remain an Australian tax resident.
To provide some background, the case involved an Australian citizen Alexander Handsley, an aircraft mechanic, who provided services in Vietnam, Turkey, China, Singapore and Malaysia, and spent the tax year in multiple locations for short periods, spending just 50 days in Australia. He had earlier separated with his wife and intended to establish a new life with his partner, a Filipina, but he had not applied for a long-term visa or residency status anywhere outside Australia.
Mr Handsley had sold what had been his family home in 2013, did not own a motor vehicle in Australia and did not have any place in Australia that he could call his own or to which he was entitled to accommodation - he had only local bank and superannuation accounts.
The Tribunal found that whilst Mr Handsley had done enough to break his residence ties with Australia, he had not managed to change his place of domicile nor had he managed to change his permanent place of abode, due to the fact that the multiple temporary places of abode were in different countries.
“That conclusion is the product of legal principles under which a person in transition between places of residence, having abandoned one but not yet done enough to take up another, is deemed to have retained his or her Australian domicile, and unless a permanent place of abode outside Australia has been established, the Australian domicile will dictate Australian residence for the purposes of the Assessment Acts,” said the AAT Deputy President, Mr O’Loughlin.
The case simply illustrates again that it is crucial the individuals obtain prior tax advice regarding residency before they leave Australia. Also bear in mind that there are an increasing number of disputes regarding residency, and also an increasing number of ATO residency audits. The ATO has apparently substantially increased the number of residency audits - conducting an astonishing 18,350 residency audits from July to December 2018, up from just 658 in 2015–16.
Occupations that need to give residency particular consideration are those that involve high, sustained mobility - such as marine, yacht, aircraft services, oil and minerals exploration and rig crews.
A win for expatriate Australians - Changes to Queensland Absentee Land Tax - June 11, 2019
The 2019 Queensland State Budget, delivered on June 11, announced a significant change to how the absentee land tax surcharge will apply - in particular it will cease to apply to Australian citizens and permanent residents. This brings the measure into line with other states and eliminates a substantial current cost to Australian expatriates with Queensland property and a barrier to investment in the state.
The quote below is an extract from the Budget papers:
|"The Government will increase the land tax absentee surcharge rate from 1.5% to 2.0% from 2019-20. The application of the surcharge will also be widened to include foreign corporations and trustees of foreign trusts. These measures are estimated to raise $540 million over four years. The determination of absentee status for land tax purposes will also be adjusted so that Australian citizens and permanent residents are no longer classed as absentees and will be exempt from the absentee surcharge."|