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Working from Aust for US company
Topic Started: Feb 19 2008, 12:24:41 AM (1,076 Views)
alect
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I know several of you in Australia are still working for US companies. There is a chance I could work something similar out so I had some questions:

- These companies do not have a presence in Australia?
- You are employed in the US using your SSN by a US company?
- in Australia you don't really show up as being employed?
- How do you pay your taxes? Do you pay normal US taxes and then claim a credit on your Australian tax return? Do you need to pay the extra Medicare Levy?
- Since your wages are paid in the US, withholding is done in the US?

Any other info would be helpful too.

Thanks
Los Angeles to Melbourne with my Yank wife (and dual daughter plus twins in the oven)
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TerritorianTori
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alect
Mon Feb 18, 2008 10:54 pm
- in Australia you don't really show up as being employed?

I don't have any personal experience with foreign employment issues, but this brings up an interesting question. (at least interesting to me, a former tax accountant :mrgreen: ) If you're an Australian-resident-for-tax-purposes working for a US company, based in the US, paying taxes to the US, how would the ATO know about this foreign employment income unless you told them? What's to stop you from just not filing a tax return and being done with it?

I suppose it works the same way as it does in reverse. How does the IRS know about our foreign-earned income in Australia unless we file a tax return? Of course, you can tell them anything you like... or not tell them anything at all, and as we all know many expats choose this route. But if you ever return to the States and get audited, you're farked. :eek:

The additional problem as an Australian-resident-for-tax-purposes is that you're most likely residing in Australia, with active ties to Australia, so it's oh-so-much-easier for the ATO to sniff you out. Or to get dobbed in by disgruntled neighbours and/or that horrid ex who's out for revenge. And then there are government payments such as Family Tax Benefit, where claimants are asked to provide self and partner income estimates that are cross-checked to ATO records at the end of each year. Lie about that and you're farked, too.

BTW, I am NOT suggesting or implying that you (alect) or anyone else here is even thinking about fudging their return. I'm just exploring a tangent aloud. Sorry for the interruption....carry on... :)
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elsja
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I work for a US company!!!

- These companies do not have a presence in Australia?
Correct- my company is nowhere near expanding in Australia

- You are employed in the US using your SSN by a US company?
Yes, I've worked at my company for 3 years so I've just left everything how it's been for the last 3 years.

- in Australia you don't really show up as being employed?
Correct, I'm on a working holiday visa, but since I havent gotten a job here, I haven't filed for a tax file number.

-How do you pay your taxes? Do you pay normal US taxes and then claim a credit on your Australian tax return? Do you need to pay the extra Medicare Levy?
Well in California at my job, I am actually considered a consultant. I started off as just part time but I've moved to more of a full time roll over the years. So I actually don't have taxes withheld and I pay quarterly estimated taxes on my own. Then I submit a normal tax return just like everyone else. I've never done an Aussie tax return and I don't even know what the medicare levy is. I've only been here 5 months and 2 1/2 of those I was only on a visitor visa. Since I'm not even a resident (temp. or permanent) I haven't even thought about filing tax returns here.

- Since your wages are paid in the US, withholding is done in the US?
See question above. Simple answer is yes I suppose.

Another thing to add... SInce I get paid in US dollars, I use an international bank (citibank). Every time I get paid I can go to a citibank ATM and withdraw money for free (rather than paying 3% at other ATMs). THen I just turn around and deposit it straight back into my Aussie Citibank. It is a bit of a pain (espeically since there aren't tons of citibanks around) but it saves me from paying $30+ every 2 weeks in wire transfer fees or ATM conversion fees.

SOrry i couldnt be much help with the tax stuff. I just haven't got that far here yet. Let me know if you have more questions!
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Angie
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elsja
Tue Feb 19, 2008 7:42 am
I work for a US company!!!

- These companies do not have a presence in Australia?
Correct- my company is nowhere near expanding in Australia

- You are employed in the US using your SSN by a US company?
Yes, I've worked at my company for 3 years so I've just left everything how it's been for the last 3 years.

- in Australia you don't really show up as being employed?
Correct, I'm on a working holiday visa, but since I havent gotten a job here, I haven't filed for a tax file number.

-How do you pay your taxes? Do you pay normal US taxes and then claim a credit on your Australian tax return? Do you need to pay the extra Medicare Levy?
Well in California at my job, I am actually considered a consultant. I started off as just part time but I've moved to more of a full time roll over the years. So I actually don't have taxes withheld and I pay quarterly estimated taxes on my own. Then I submit a normal tax return just like everyone else. I've never done an Aussie tax return and I don't even know what the medicare levy is. I've only been here 5 months and 2 1/2 of those I was only on a visitor visa. Since I'm not even a resident (temp. or permanent) I haven't even thought about filing tax returns here.

- Since your wages are paid in the US, withholding is done in the US?
See question above. Simple answer is yes I suppose.

Another thing to add... SInce I get paid in US dollars, I use an international bank (citibank). Every time I get paid I can go to a citibank ATM and withdraw money for free (rather than paying 3% at other ATMs). THen I just turn around and deposit it straight back into my Aussie Citibank. It is a bit of a pain (espeically since there aren't tons of citibanks around) but it saves me from paying $30+ every 2 weeks in wire transfer fees or ATM conversion fees.

SOrry i couldnt be much help with the tax stuff. I just haven't got that far here yet. Let me know if you have more questions!

All Elsja's answers apply to my situation as well.

I'm not sure if I am doing the tax thing right so I can't really help you there other than to add that my company issues a 1099 form at the end of each year. That is what I have an accountant do my taxes off of.

I too get paid in US dollars via direct deposit to my Bank of America account. They are sister banks with WestPac here in Australia so there are no costs for me to withdraw any money from a WestPac atm. Please note if you use your Bank of America Visa debit type card anywhere but a WestPac atm... it can cost over $10 to take cash out.

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elsja
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Hey quesiton Angie-

I used to have BofA and when I first came on vacation I was told to use the Westpac ATM. I did- but I was still charged!

Do you withdraw money from any westpac ATM for free? It would be much more convenient if I could do that but I was charged before.

Plus my withdraw limit with citibank is 1000 per day... at Bofa the most i could get was 500.
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TerritorianTori
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elsja
Tue Feb 19, 2008 7:12 am
Since I'm not even a resident (temp. or permanent) I haven't even thought about filing tax returns here.

I would look into this further, because being a resident for tax purposes is not the same as being a resident for immigration purposes... there are different rules. Especially if you're planning to apply for a defacto visa at some stage, the ATO may look at your situation and say that you were always intending to stay, therefore you're a resident.
(ETA...I'm not an expert on Aussie taxes, but I know this because there were a few questions about my tax status after I did the tourist-to-marriage thing a few years ago)

Here's something I found on the ATO website:
http://www.ato.gov.au/individuals/content....ntent/36280.htm

Quote:
 
Kate – a visitor, working and living in one place

Facts

"Kate is from Ireland and entered Australia on a Working Holiday Maker visa in July 2004. She intended to and did in fact stay in Sydney for most of the twelve months she was in Australia. Kate is close to her brother who has migrated to Australia and lives in Sydney. Kate had one ten day holiday travelling up the east coast just after arriving in Sydney, and another two week holiday at Byron Bay in January 2005. She spent the last three weeks of her stay in Australia travelling around Western Australia. Kate lived in share accommodation at one location for four weeks in Sydney and share accommodation at another location in Sydney for ten months. Kate's name was put on the lease and she made a part contribution to the bond. She also purchased her bed, other bedroom furniture and a fridge.

Kate worked in coffee shops and restaurants throughout the whole period she was in Sydney. Kate joined a library, the Irish club and a water polo club whilst staying in Sydney.

Outcome: why is Kate a resident?

In view of the time Kate spent living at the one location (ten months); her continuing engagement in the workplace throughout her stay, her social and living arrangements and Kate's intention to live in Sydney for the majority of her stay in Australia, Kate has a established a pattern of behaviour which is consistent with residing in Sydney and she is a resident according to ordinary concepts.
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TerritorianTori
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P.S. I'm just now remembering that we had a member a year or so ago (on the old site) who complained bitterly because she had to fork over for the Medicare Levy even though she was making money and pay taxes in another country... can't remember which one now. She was here on a temporary spouse visa and had access to Medicare, so I guess they were gonna have her pay into the system since she was making enough to do so.
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dave2006
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alect
Mon Feb 18, 2008 1:24 pm
I know several of you in Australia are still working for US companies.  There is a chance I could work something similar out so I had some questions:

- These companies do not have a presence in Australia?
- You are employed in the US using your SSN by a US company?
- in Australia you don't really show up as being employed?
- How do you pay your taxes?  Do you pay normal US taxes and then claim a credit on your Australian tax return?  Do you need to pay the extra Medicare Levy?
- Since your wages are paid in the US, withholding is done in the US?

Any other info would be helpful too.

Thanks

Just a general comment, esp people living here and working for an American company (esp if you are a "contractor"). This arrangement may very well (legally) require you to apply for and have an ABN. There can be legal and tax issues that it appears some people are not fully aware of (or perhaps they are and just don't care, if so, you are obviously welcome to ignore me :) ).

- in Australia you don't really show up as being employed?

Well, if you mean your employer does not report your income to the ATO, that is probably true. But (see statement above) you are likely still legally required to report your income to the ATO while living here and working here. Because of the US-Aussie tax treaty, the ATO and IRS can exchange info, but of course how much and to what extent that is done I think only few people know.

- How do you pay your taxes? Do you pay normal US taxes and then claim a credit on your Australian tax return? Do you need to pay the extra Medicare Levy?

Your income is taxable by Australia, and may very well constitute operating a business. You are entitled to the usual foreign earned income exclusion in the US, and, if self-employed under IRS rules, you can obtain a letter from SSA saying that you are exempt from paying US self-employment tax (social security) under the US-Australia Totalization Agreement.

I think the only working folks exempt from the Medicare Levy in Australia are temporary residents who are not married to permanent residents or Aussie citizens.

- Since your wages are paid in the US, withholding is done in the US?

That's up to the agreement you have with your employer, but normally if you are self-employed/contracting, nothing is withheld and you are responsible for quarterly estimated tax payments to the IRS (but of course, you may owe nothing to the IRS because of the foreign earned income exclusion).


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dave2006
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Oh, and probably most importantly, I'd definitely consult with a lawyer well versed in Australian tax law or an experienced CPA about your particular situation. It will likely be well worth the money.


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dave2006
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TerritorianTori
Mon Feb 18, 2008 2:18 pm
alect
Mon Feb 18, 2008 10:54 pm
- in Australia you don't really show up as being employed?

I don't have any personal experience with foreign employment issues, but this brings up an interesting question. (at least interesting to me, a former tax accountant :mrgreen: ) If you're an Australian-resident-for-tax-purposes working for a US company, based in the US, paying taxes to the US, how would the ATO know about this foreign employment income unless you told them? What's to stop you from just not filing a tax return and being done with it?


Indeed sounds like a similar discussion that was had here not too long ago. I think similarly the real question is, is one willing to take the risk of possibly breaking the law and paying the consequences if caught? The situation is a bit different than living in Australia and not filing a US tax return (the subject of the previous thread) though, since if you are legally required to report your income to the ATO and get caught not doing so, I would suspect the associated penalties would be harsher since you live here and so are easier to "bring to justice" :) . Personally, I sleep better not taking such risks.


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JenbeTas
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Yeah.....remember....I just found out the hard way that they can and will find you. :(( Even though they give you misinformation......

Don't take the risk. The money spent on good professional advise would be money well spent.



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Angie
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Speaking of misinformation. I called the ATO regarding this situation and was out right asked why I would want to become a resident for tax purposes. I was told by the girl on the phone that if I wanted to file my taxes in Australia that was fine but why would I if there is no way the ATO will know. I explained my situation to here extensively and asked for any sort of ATO booklets on how and when to file taxes to which she also answered that the ATO doesn't supply such things.

:headscratch:
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dave2006
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Angie
Tue Feb 19, 2008 11:43 am
Speaking of misinformation. I called the ATO regarding this situation and was out right asked why I would want to become a resident for tax purposes. I was told by the girl on the phone that if I wanted to file my taxes in Australia that was fine but why would I if there is no way the ATO will know. I explained my situation to here extensively and asked for any sort of ATO booklets on how and when to file taxes to which she also answered that the ATO doesn't supply such things.

:headscratch:

I'm still a bit mystified that, from what I can tell, unless you have a pretty straight forward situation, you almost have to hire someone to do your taxes here. It doesn't seem that that's necessarily because things are so complicated (maybe they are), but just because its hard to find coherent and complete information on more complicated tax subjects. The keepers of this knowledge that are accessible to the public seem to be tax professionals. My taxes haven't been the easiest to do in the US in some years, but I've for the most part felt reasonably comfortable doing them myself with the aid of turbotax and online IRS publications. Here, similar tools don't seem as available. I guess we can only hope that the tax professionals who charge a few hundred dollars actually do know more than some of the folks who answer questions over the phone for free :) .


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TerritorianTori
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dave2006
Tue Feb 19, 2008 8:46 pm
Indeed sounds like a similar discussion that was had here not too long ago. I think similarly the real question is, is one willing to take the risk of possibly breaking the law and paying the consequences if caught? The situation is a bit different than living in Australia and not filing a US tax return (the subject of the previous thread) though, since if you are legally required to report your income to the ATO and get caught not doing so, I would suspect the associated penalties would be harsher since you live here and so are easier to "bring to justice" :) . Personally, I sleep better not taking such risks.

Totally agree. In my previous post, I speculated that while the principle is the same (as living here and not filing a US return on foreign income), in practice it's probably a lot easier to be prosecuted by the ATO. Additionally, for those who may be in a position to claim government payments at some point (not just the dole, but things like the FTB, Baby Bonus, Newstart Allowance), there's an extra incentive to file your Aussie tax returns since this is how actual yearly income is verified.

One thing's for sure, don't mess with either government's taxation body! hehehe.
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TerritorianTori
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Angie
Tue Feb 19, 2008 9:13 pm
Speaking of misinformation.  I called the ATO regarding this situation and was out right asked why I would want to become a resident for tax purposes.  I was told by the girl on the phone that if I wanted to file my taxes in Australia that was fine but why would I if there is no way the ATO will know.  I explained my situation to here extensively and asked for any sort of ATO booklets on how and when to file taxes to which she also answered that the ATO doesn't supply such things.

:headscratch:

That's funny, I was able to find HEAPS of booklets and information sheets on just about any tax subject you can think of (including the most basic FAQs like, how and when to file) at my local ATO office. And I too am mystified at this girl's responses to your questions... it sounds like she's basically telling you to go ahead and commit tax fraud! :eek: Wait, I'm not surprised, that sounds like the IRS hotline too. :rollin:

I have to agree with Dave's advice to get some professional advice... at least the first year you file an Aussie return. After that, you may be able to do it yourself if you understand how they did it. :)
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alect
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Thanks all.

I think if you are resident or citizen and are eligible for Medicare it is only fare that you pay like everyone else - hence if your medicare levy is not being paid by Australian withholding or Australian provision/estimated tax payments, you would need to pay.

I would be very surprised if the IRS and ATO exchange information (I know how government databases and integration works) - not only because of the IT issues, but they would also need to be able to match up Joe Smith in Australia with Joe Smith in the USA - that may be no mean task. Ofcourse that doesn't mean people should try and hide their foreign income.....

One further question (especially for those of you formerly having lived in CA and working for CA companies). Please tell me you don't need to pay CA state income and other associated taxes? Since you're not a resident there, do they have a justification for levying those?

I think I may heed the advice, and if/when we get to negotiation stages, I would ask the employer to include the cost of an international tax accountant/lawyer in the package.
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TerritorianTori
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alect
Wed Feb 20, 2008 12:13 am
One further question (especially for those of you formerly having lived in CA and working for CA companies). Please tell me you don't need to pay CA state income and other associated taxes? Since you're not a resident there, do they have a justification for levying those?

You may want to read this article:

http://www.buschfirm.com/articles/tpcArt_avoiding_ca.html
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dave2006
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alect
Tue Feb 19, 2008 2:43 pm


I would be very surprised if the IRS and ATO exchange information (I know how government databases and integration works) - not only because of the IT issues, but they would also need to be able to match up Joe Smith in Australia with Joe Smith in the USA - that may be no mean task.  Ofcourse that doesn't mean people should try and hide their foreign income.....

One further question (especially for those of you formerly having lived in CA and working for CA companies).  Please tell me you don't need to pay CA state income and other associated taxes?  Since you're not a resident there, do they have a justification for levying those?

I think I may heed the advice, and if/when we get to negotiation stages, I  would ask the employer to include the cost of an international tax accountant/lawyer in the package.

I suspect you are correct about the practicalities of info exchange between these two tax organizations. I also agree that, while this information exchange (or lack thereof) may reduce the perceived risk of being caught, it is better not to take the risk at all and get the best advice you can. In the end, if you are self-employed under IRS rules, you may very well pay less tax to Australia than you would pay to the US anyway; although the Aussie tax brackets are generally less favourable than the US tax brackets, the additional US self-employment tax often erases this perceived difference.

Tors seems to a found a good article re: California residency. States have various tests they apply re: if people having left that state and residing abroad are actually still residents of that state for tax purposes. I've been told that CA and NY are two states which have rules that are not very advantageous to people in this category; they tend to like to hold on for you as long as they can for taxes :) .


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elsja
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AHHHHH this is stressful! I have a hard enough time figuring out my taxes in one country, let alone two!!! I don't want to think about this :( But I guess I should. It's SOOOOOOOO lame though that if I'm making NO money in this country- they'd still want me to pay or show tax returns. I'm basically a tourist for all intensive purposes- paying money into their economy. I'm not receiving any government benefits. YET. I can see how I would need to once I get medicare and all that. I just CAN'T imagine that they expect people on a working visa (some backpackers) to file a tax return. I should worry about it now, but I think I will when I become a temp. resident.

I feel like they should have some course on all of this crap!
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Angie
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I agree Elsja. My head hurts!!!

I guess I'm confused because I do return to California every 6 months or so and stay there for over a month where I work from the office there. Now if this stops the 183 day rule and when you return does it restart that from 1 or do you start from the number of days you left off.

Also... if I follow the guidelines of if I am "self-employed" vs. "employee" I definately all under employee. And if that is the case and it is the responsibility of my employer to withhold my state and federal taxes then how will that work when going to file Australian taxes? :headscratch:

As for the medicare bit. I don't use it, never signed up for it, and have all my reciepts that show where I have paid in full for all my doctors bills. So if this is case do I still have to pay this levy?

Ahhhhhhhh I need professional help... and for more than just my taxes!! :waah: :banghead: :waah:

And yes the girls answers at the ATO were CRAZY!! Yes I really got the impression she was advising me to commit tax fraud. You know where they tell you at the beginning of phone calls that your call may be recorded for training purposes. I wish we were allowed access to those for situtations like this and Jenn's with the IRS.

Elsja - I've been using the Bank of America/WestPac atm here in Melbourne since 2004 and have never been charged for withdrawing money. But yes the daily limit is $500 which is a total pain but probably good for me and my spending habits. You can call them and get them to raise it to $1500 for a small window of time. I did this for 4 days while we were moving so I could get enough cash out for things like the bond and rent and mover fees. But they opened the window on Saturday and closed it on Tuesday. I don't know if you can make some sort of arrangement to make it higher for good.
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