Australia - Stuck and Need Some Advice

[nomadic]

Weird one and appreciate any help whatsoever. Am a British Citizen and freelancer wrapping up my WHV in Australia and living with my partner (Australian) in Sydney right now. The goal was to move to a defacto visa but covid put a huge dent in our savings and we had to abandon that idea so we're looking at dropping to a on-shore tourist visa (legal), however there is a caveat that I cannot work, which is just something that cannot be done in order for us to save to get to that visa.

As I am a Freelancer and most of my income derives from UpWork, is there a way I can register myself back in the UK and be paid into my UK account and declare the earnings on that side while I am stuck here? I am very aware of the legal grey area that could potentially be in, so am just looking for some potential options or advice

Appreciate it!

[Fred Bloggs]

No there isn't. If you are in Australia earning money you must pay tax to ATO. My advice is not to play fast and loose with ATO. They can be at least as aggressive as HMRC.

[northernladuk]

But a lot less incompetent.

[eek]

But a lot less incompetent.

And a lot quicker at picking up issues.

[Fred Bloggs]

And a lot quicker at picking up issues.

Yes, everything you are paid including super fund (pension) contributions are reported to ATO. When you submit your tax return after June 30th, ATO has already populated it for you. They already know everything. You really don't want to monkey around with ATO. Or any national tax authority for that matter.

[Lance]

And a lot quicker at picking up issues.

and they can have you deported I believe.

[Fred Bloggs]

and they can have you deported I believe.

You get six weeks to find a job/another sponsor before they withdraw your visa, otherwise you're out, yes. The UK could learn a lot from the way things run in Oz.

[Fred Bloggs]

Since the OP will likely be leaving Oz soon, if he/she isn't old enough to have the super fund pay out, then he/she will need to apply for DASP. Departing Australia Superannuation Payment. They tax you to death on it, but the only alternative is to leave the money in the super fund, where the ATO claims it eventually.

[rootsnall]

Since the OP will likely be leaving Oz soon, if he/she isn't old enough to have the super fund pay out, then he/she will need to apply for DASP. Departing Australia Superannuation Payment. They tax you to death on it, but the only alternative is to leave the money in the super fund, where the ATO claims it eventually.

I've got a pot over there, long term UK citizen and tax resident but an Oz citizen. I've just done a re-google and pretty sure I can take it as a tax free lump sum at 60 at the Oz end, and that I don't have to put that on my UK self assessment due to the double taxation agreement. Anything wrong with that belief !?!?

[Fred Bloggs]

I've got a pot over there, long term UK citizen and tax resident but an Oz citizen. I've just done a re-google and pretty sure I can take it as a tax free lump sum at 60 at the Oz end, and that I don't have to put that on my UK self assessment due to the double taxation agreement. Anything wrong with that belief !?!?

If you are making that as an assumption, I think you ought to recheck your assumption. Admittedly, it is not a simple area but I do know that entitlement to DASP is time limited. It may also depend what type of visa you are or were out there with. My understanding isn't necessarily 100 per cent complete since I retired before leaving Oz so my super fund benefits were taken in full before I left there. I do recommend you look at this to be sure. Unfortunately, if you have returned to the UK and then claim your super fund benefit you have to declare any overseas pension lump sums on your self assessment. I think that rule came in four or five years ago to close loop holes on tax free lump sums from overseas pension plans. As usual, they were being abused by the tax "planners" but it's the honest guy who gets caught in the cross fire. Sorry I can't be more helpful but I do recommend you check this out for your own peace of mind.

Edit - I just spotted that you are an Australian citizen in the UK. None of what I wrote likely applies anyway.