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Aussies rules for KoreanTax and Pension �need help

 
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Johnmkr



Joined: 11 May 2007
Location: Australia

PostPosted: Sat Sep 15, 2007 3:26 am    Post subject: Aussies rules for KoreanTax and Pension �need help Reply with quote

I was wondering if there are any Aussie residents out there who know how to pay their tax in Australia INSTEAD of Korea. I believe the rules are about to change between Australia and Korea. It�s all very confusing. Rolling Eyes
I would like to receive my salary before tax if possible. What is an Australian �Residency Certificate� and how do I get one? Also, how can I get my Korean �Pension� in lump sum?
I am employed at a public middle school by a Local Government Office of Education here.
Any advice appreciated.
Thanks
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Sat Sep 15, 2007 3:57 am    Post subject: Reply with quote

Depending on how long you have been here will affect your tax back home. You should pay your tax in Korea. If you do not then you will be slugged the full Australian tax rate when you file in Australia. You can be a non-resident for tax purposes and a resident for all else. Pension, no agreement with South Korea yet. One will be coming into effect in 2008, but at the moment you cannot receive your pension when you leave, it stays here. All the best with trying to unravel the ATO site. Smile
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joeyjoejoe



Joined: 24 Sep 2006

PostPosted: Sat Sep 15, 2007 4:55 pm    Post subject: Reply with quote

good luck figuring out the ATO site.
my lovely mother has been to the ATO on my behalf four times in the last few weeks (bless her) to find out what the deal is.
each time she has spoken with successively higher ranking officers.
she is yet to get a straight answer. they've all just read through the rules on the site and given their opinion, no one seems to actually know.

why do you want to pay tax in australia? around 30% instead of 2 or 3% here.

i filed as a non-resident, and paid no tax on the 5k or so income i had from home.

you can claim the pension refund, i think, in june next year. that's when the new agreement starts. it will apply to payments already made.
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Sat Sep 15, 2007 8:27 pm    Post subject: Re: Aussies rules for KoreanTax and Pension �need help Reply with quote

Johnmkr wrote:
I was wondering if there are any Aussie residents out there who know how to pay their tax in Australia INSTEAD of Korea. I believe the rules are about to change between Australia and Korea. It�s all very confusing. Rolling Eyes
I would like to receive my salary before tax if possible. What is an Australian �Residency Certificate� and how do I get one? Also, how can I get my Korean �Pension� in lump sum?
I am employed at a public middle school by a Local Government Office of Education here.
Any advice appreciated.
Thanks


I work at a public middle school in Gyeonggi and did not have to provide a "residence certificate" they just automatically applied the no tax for the first two years if you work for a public school from the Australia/Korea Double Tax Agreement. Has your school actually asked you for it ..? I know of other people who weren't asked for it either ... So maybe you won't even need to worry about it ...

I worked for the ATO for quite a few years .. including the tax technical areas ... and it is true that one of the hardest areas to unravel in it is the overseas income residence/non residence questions ... It does many times change depending on an individuals circumstances ... Which is why you will probably fail to ever get a black and white "applies to everyone" answer to any question that you ask ...

If you want to know for certain what the answer is for you then best way to get you an answer which applies to you is to write a letter giving all of your circumstances and asking for a "Private Ruling" ...

I do know what the situation was for me ... and what happened when I lodged my tax return for this year electronically from here ... so if you want more info ... then pm me and I will let you know ...

Icicle
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deadman



Joined: 27 May 2006
Location: Suwon

PostPosted: Sun Jan 06, 2008 10:32 pm    Post subject: Reply with quote

Just a note on Australian residency and tax, for the record.

I'm currently in Oz, and looked up "residency" in "2007&2008 Tax Summary" by Tony Greco, CEO Taxpayers Australia Inc.

It says:

"Residency and source of income are the two principal criteria for determining an entity's liability to Australian tax. A resident of Australia is liable to pay tax on all of their world wide income regardless of whether it is derived from in or out of Australia.... By contrast, a non resident is limited to Australian tax on income derived only from Australian sources."

For an individual:
"The term resident of Australia is defined in s.6(1) and basically means a person who resides in Australia and -
1. whose domicile is in Australia...
2. who has (lived in Oz for more than half of the year)...
3. anyone eligible to join the Commonwealth Superannuation Fund, or is a member"

Further notes on the above tests

1. Domicile = permanent place of abode. "You remain a resident of Australia unless you adopt a permanant place of abode outside Australia. Travelling abroad even on an extended holiday will not affect your residency status".
Two examples are given.
a. A man set up an office in Vanuatu, gave up his lease in Oz, left no assets, returned 21 months later, was held to be a non resident for that time.
b. A woman had travelled for 5 years working as a physiotherapist but was "held to be domiciled in Australia because she had not done anything to abandon it"

3. Basically applies to Commonwealth (gov't) employees on overseas postings.


Note: "Non-residents are taxed on all of their other Australian Income because they are not entitled to a tax free threshold"



Not all relevant to working in Korea, and I don't know about the double tax agreement, but I took it all to mean I don't need to do anything back home, just pay whatever tax I need to here.
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Mon Jan 07, 2008 2:05 am    Post subject: Reply with quote

For the record ... and in case anyone does rely upon it .. I would suggest that anyone who really wants to know what the position is ... for them ... does more than read a summary article ... as the previous poster did ...

Residency is recognised as one of the most complex areas of the Tax Law ... And what the previous poster has said has literally only touched the surface of the issue ...

If you want a reliable source of information ... I would suggest looking on the ATO's own website ... and reading the Public Rulings on Residency ...

OR even better ... ask for a Private Ruling ... Because in the final analysis it does depend upon your individual circumstances ... And it is a very expernsive matter if when you get back to Australia you find that you need to pay tax (at 30% or so) on your Korean Income ...
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Norith



Joined: 02 Nov 2007

PostPosted: Mon Jan 07, 2008 5:15 am    Post subject: Reply with quote

Not an aussie...but, the pension agreement should come into effect around August. It's retroactive, so anything that you've paid in will be returned to you.
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Tue Jan 08, 2008 1:58 am    Post subject: Reply with quote

Norith wrote:
Not an aussie...but, the pension agreement should come into effect around August. It's retroactive, so anything that you've paid in will be returned to you.



The Pension agreement was due to come into effect 1 July ... as long as legislation passed ... and the last I heard that had happened ... so I believe that the Korea/Australia Pension agreement will come into affect in July ... Which is great ... for us ...
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deadman



Joined: 27 May 2006
Location: Suwon

PostPosted: Tue Jan 08, 2008 11:04 pm    Post subject: Reply with quote

icicle wrote:
For the record ... and in case anyone does rely upon it .. I would suggest that anyone who really wants to know what the position is ... for them ... does more than read a summary article ... as the previous poster did ...

Residency is recognised as one of the most complex areas of the Tax Law ... And what the previous poster has said has literally only touched the surface of the issue ...

If you want a reliable source of information ... I would suggest looking on the ATO's own website ... and reading the Public Rulings on Residency ...

OR even better ... ask for a Private Ruling ... Because in the final analysis it does depend upon your individual circumstances ... And it is a very expernsive matter if when you get back to Australia you find that you need to pay tax (at 30% or so) on your Korean Income ...


Good advice, for sure, but surely the standard case for an Australian working here would be simple. If they had:

1. an apartment with a one year lease, and
2. no property or lease back home,

then wouldn't that be a fairly cut-and-dried case of non residency?

Are there complicating factors within this simple example that might warrant a private ruling?

If not, what other factors might complicate the issue?
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Wed Jan 09, 2008 2:57 am    Post subject: Reply with quote

Was back home in July and fileD returns for the last five years. Paid Korean taxes and therefore did not have to pay tax on any income derived whilst working overseas, only on the interest from the money I have invested. Non-resident for tax purposes. If you maintain a residence or garner any income from rentals or such, you will be paying a shitload of tax to the ATO. I paid for my 5 years of returns just over $700.00. Get a good account, it's worth the money. Smile
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garygoodbloke



Joined: 15 Jan 2007
Location: Sydney, Australia

PostPosted: Mon Feb 18, 2008 10:04 pm    Post subject: Reply with quote

How do us Aussies apply to get our pension back?

Do we have to do anything before we leave? OR do we have to initiate proceedings from July this year.

My sentence is up in March and I need some guidance about how to go about this. Any help?
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dingo_man



Joined: 08 Oct 2007

PostPosted: Mon Aug 11, 2008 6:19 pm    Post subject: Reply with quote

bump bump bump?

so we dont need a residency certificate? the ATO wont issue me this certificate and asked for me to get a private ruling :S

can some explain this for me further?

thanks

P
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