tax-oversea, page-2

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    Good morning Cowsense

    I do not know much about international tax

    It is best to consult a specialist tax agent/consultant

    But in general, my understanding is:

    (1) International tax is covered by "double tax agreements" between nations

    (2) Countries that have a tax treaty with Australia are:

    Argentina
    Austria
    Belgium
    Canada
    China
    Czech Republic
    Denmark
    Fiji
    Finland
    France
    Germany
    Hungary
    India
    Indonesia
    Ireland
    Italy
    Japan
    Kiribati
    Malaysia
    Malta
    Mexico
    Netherlands
    New Zealand
    Norway
    Papua New Guinea
    Philippines
    Poland
    Romania
    Russia
    Singapore
    Slovakia
    South Africa
    South Korea
    Spain
    Sri Lanka
    Sweden
    Switzerland
    Taipei
    Thailand
    United Kingdom
    United States
    Vietnam

    (3) If you earn Australian income using an Australian broker that provides mere brokerage services (rather than makes decisions on your behalf) and if there is a double tax agreement between your country and Australia then you declare your ASX income as foreign income in your domestic tax return and are not required to lodge an Australian tax return.

    (4) If you use a domestic (non-Australian) broker to trade on the ASX then your ASX income is not "foreign income" & just ordinary domestic income.

    (5) But, if where you live is not covered by a double tax agreement then you will probably have to pay tax in Australia and lodge and Australian tax return.

    (see: http://law.ato.gov.au/atolaw/print.htm?DocID=AID%2FAID2004904%2F00001&PiT=99991231235958&Life=10010101000001-99991231235959)

    (6) if your Australian broker has the authority to buy & sell on your behalf, independent of your instruction, then that appears to be Australian income and must be taxed in Australia because the authorised broker is consider to be a "permanent business establishment" in connection with you.

    (see: CASE 23/93 93 ATC 288 at
    http://law.ato.gov.au/atolaw/view.htm?dbwidetocone=05%3ALRP%3AAdministrative%20Appeals%20Tribunal%3A1993%3AAAT%20Case%208775%20-%20(11%20June%201993)%3A%23001%23Judgment%20by%20BJ%20McMahon%20(Deputy%20President)%26c%3B)

    Regards

    ddzx



    Some other links:

    http://www.ato.gov.au/businesses/PrintFriendly.aspx?ms=businesses&doc=/content/64191.htm

    If you are from a treaty country, income you receive from goods or services you supply to Australia is generally foreign sourced income.


    http://www.minterellison.com/public/connect/Internet/Home/Legal%2BInsights/Newsletters/Previous%2BNewsletters/A-B_Tax%2BVirgin%2BHoldings/

    Impact of Australia's tax treaties
    Where a non resident is a resident of a country with which Australia has concluded a tax treaty, then Australia's taxing rights with respect to Australian sourced income may be limited to where the non resident carries on business in Australia through a permanent establishment.

    Broadly, a permanent establishment (PE) will exist where the non resident has a fixed place of business through which the enterprise carries on business. Any profits attributable to that PE will then be taxable in Australia. The definition of a PE may differ under the relevant double tax agreements and generally the Treaty definition overrides domestic law to the extent of any inconsistency.
 
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