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No tax for Aussies?

 
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kinshachi



Joined: 06 Sep 2006
Posts: 50
Location: Sydney

PostPosted: Mon Nov 06, 2006 12:39 pm    Post subject: No tax for Aussies? Reply with quote

I was reminded recently of an issue that came up when I started here. A friend of mine working here claimed that because of the tax treaty between Australia and Japan, Australians aren't required to pay tax for the first two years of teaching here, and consequently, her work didn't take tax out of her pay. My work disagreed. After an extensive internet search, I found the text of the treaty, and unless I'm reading it wrong, Article 15 seems to support her claim.

The link: http://www.austlii.edu.au/au/other/dfat/treaties/1970/9.html

Anyone else ever heard of this?
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may be going



Joined: 18 May 2004
Posts: 129
Location: australia

PostPosted: Mon Nov 06, 2006 12:58 pm    Post subject: Reply with quote

didn't look at your link but i can say that as an aussie working at a uni here i'm tax free for first 2 years.
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Mon Nov 06, 2006 1:02 pm    Post subject: Reply with quote

You guys have great beaches AND no tax for 2 years. Must be nice Crying or Very sad
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kinshachi



Joined: 06 Sep 2006
Posts: 50
Location: Sydney

PostPosted: Mon Nov 06, 2006 1:20 pm    Post subject: Reply with quote

may be going wrote:
didn't look at your link but i can say that as an aussie working at a uni here i'm tax free for first 2 years.


Is this possibly only being done at universities?
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callmesim



Joined: 27 Oct 2005
Posts: 279
Location: London, UK

PostPosted: Mon Nov 06, 2006 1:31 pm    Post subject: Reply with quote

Quote:
Where a professor or teacher, who is a resident of one of the Contracting States, is temporarily present in the other Contracting State for the purpose of teaching or conducting research during a period not exceeding two years at a university, college, school or other educational institution in that other Contracting State, remuneration derived by him for so teaching or conducting research for that period shall be exempt from tax in that other Contracting State.


Don't you just love legal talk??

I read this as meaning you are exempt from tax in one of the countries not both. Which makes sense. If you work in a tax-free country like Saudi then by law you have to pay tax in Australia. But if you live in a taxing country then you are exempt in Australia but have to pay tax there. I would love it but find it hard to believe you can be exempt in both.

And given the choice, I'll pay Japanese tax any day!! Well, up until the Australian Govenment start spending it wisely!
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may be going



Joined: 18 May 2004
Posts: 129
Location: australia

PostPosted: Mon Nov 06, 2006 2:17 pm    Post subject: Reply with quote

i'm a non-resident for tax purposes in oz anyway.....
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kinshachi



Joined: 06 Sep 2006
Posts: 50
Location: Sydney

PostPosted: Mon Nov 06, 2006 3:35 pm    Post subject: Reply with quote

Well, we've got at least two people so far who are (or were - my friend has since gone home) living here tax-free. Any more?

And, after all, this treaty was enacted in 1970, when Japan was rather more desperate for English teachers, and it has not yet been superceded, as far as I know. I was told it was a way of sweetening the pot for people who wanted to work here back then...

It might seem too good to be true, but I haven't yet seen any evidence to contradict it...
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markle



Joined: 17 Jan 2003
Posts: 1316
Location: Out of Japan

PostPosted: Tue Nov 07, 2006 12:50 am    Post subject: Reply with quote

So how do you go about implementing this? You tell the local tax office that because you are Australian you don't have to pay tax? And they accept that? Hmm my guess is that after you go home and submit your tax returns and state you were overseas for x number of years and the ATO checks with the Japanese Tax office and discover you weren't paying tax for 2 years then you will be hit with a nice fat tax bill.
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callmesim



Joined: 27 Oct 2005
Posts: 279
Location: London, UK

PostPosted: Tue Nov 07, 2006 3:50 am    Post subject: Reply with quote

Exactly. Unless you can get categorical proof, pay Japanese tax! It's less than 10%. Besides, I have no idea how you could avoid paying it in the first place!

The link you provided is headed:

Agreement between the Commonwealth of Australia and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, and Protocol

Which is why I still think Article 15 refers to not being taxed twice.
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Tue Nov 07, 2006 2:48 pm    Post subject: Reply with quote

You could always try asking the Australian Embassy. :)

IIRC, Australians are able to choose whether they pay tax for the first two years. If the choose not to pay Japanese tax then they are liable for Australian tax on their Japanese earnings once they return to Australia. If they elect to pay the Japanese taxes then they are exempted Australian federal taxes. All that only applies for the first two years in Japan. After that, they are required to pay Japanese taxes and automatically exempted Australian taxes anyway.

You'd have to be insane not to pay the Japanese taxes given they're much lower than Australia.
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callmesim



Joined: 27 Oct 2005
Posts: 279
Location: London, UK

PostPosted: Tue Nov 07, 2006 3:12 pm    Post subject: Reply with quote

That sounds far more likely than the Tax Free Bonanza.
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scorchio



Joined: 14 Jun 2006
Posts: 36
Location: Sydney

PostPosted: Thu Nov 16, 2006 7:15 am    Post subject: Reply with quote

I've hear that JET teachers don't pay tax - is that right?
Maybe the issue here is the definition of 'educational institution'. I don't think that private companies like Nova, ECC etc fall under that heading.
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Thu Nov 16, 2006 2:34 pm    Post subject: Reply with quote

scorchio wrote:
I've hear that JET teachers don't pay tax - is that right?


No. :)


Quote:

Maybe the issue here is the definition of 'educational institution'. I don't think that private companies like Nova, ECC etc fall under that heading.


Tax responsibility doesn't depend on where you work or what you work as. JET Punks On A Lark (tm) are exactly the same as NOVA Untrained Drones(tm) when it comes to taxes. It depends purely on your nationality and the existence (or otherwise) of a tax treaty between your home country and Japan and what that may require or allow. That is why yanks aren't required to pay Japanese taxes for their first two years in Japan, but do have to after that, just as Australians get to nominate tax status for their first two years, and kiwis are required to pay Japanese taxes from day one, etc., etc. Different countries, different rules. It's just another myth about JET that _none_ of them pay taxes.
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