What Temporary Residents Overseas Income Needs to Declare

Hi all, just trying to understand what this paragraph means on the ATO website about temporary residents, whether they need to declare foreign income or not:

Temporary residents

If you have a temporary visa, and neither you or your spouse is an Australian resident, you're a temporary resident. This means you only declare:

  • income you derived in Australia

  • any income you earn from employment or services performed overseas while you are a temporary resident of Australia.

Other foreign income and capital gains don't have to be declared.

So say someone is a temporary resident, living in Australia, still being paid monthly by a foreign company, into a foreign bank account, does he/she need to declare this income to ATO (and hence pay tax to Australia)?

What I don't understand is the definition of income from employment or services performed overseas. Yes, the money is paid by a foreign company, but do we have to separate between

  • salary
  • retirement plan
  • board membership

Which one is classified as income from employment or services performed overseas?

Comments

  • +1

    You'll need to speak to the ATO/an accountant with a more specific definition of what the three things you say are (in your circumstances) - 2 of them sound like they're definitely income and 1 might not be. But the nature of the payments and why they are made will be the ultimate decider.

    • Spoke to ATO, kinda useless, could only provide links to pages, no definite answer. Might have better chance to get some shared experience from forum people here.

      • +1

        Yeah, without knowing your circumstances, they aren't going to consult with you with advice/specifics. The phone jockey's job is to point you to the tax laws, allowing you to evaluate for yourself. That's the sort of thing you'd pay an accountant for, for starters, and they don't want people saying "but I was told to do X" when they get caught diddling their taxes later on.

        And it's also why we can't answer it ("hey everyone, retirement plans, what's the one australian tax category that applies to them all?").

  • +1

    Wouldn't the ATO themselves provide the best answer to this question?

    • You think so. I asked and they said read up the page and decide it myself.

  • -1

    Are you a Temporary Resident?

    • Quite irrelevant? It can be me, or asking for others, anyhow not the main issue here.

      • -1

        It is relevant as it is applicable if "you're a temporary resident."

  • +1

    Yes.

  • That foreign income - what is it exactly?

  • +1

    salary
    retirement plan
    board membership
    Which one is classified as income from employment or services performed overseas?

    "retirement plan" is the only one that's a bit iffy, the other 2 are "income from employment or services performed overseas"

    • I can accept salary is considered income from employment without any trouble. But my common sense tells me board member is not an "employee".

      • +1

        Being a board member is a "service preformed" though…

        • Haha thanks, perhaps you are right, I've missed that part.

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