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The foreign company will be required to register for PAYG withholding tax and withhold tax from the Australian employee’s salary if the foreign company has a sufficient connection with Australia.
The foreign company will have a sufficient connection with Australia if it has a physical business presence in Australia.
The foreign company will have a physical business presence in Australia if they carry on an enterprise or income-producing activities in Australia and have a physical presence in Australia. (According to TR 2005/16 and TD 2011/1)
Therefore if the foreign company does not have sufficient connection with Australia, it is not required by section 12-35 of Schedule 1 to the TAA to withhold tax from the salaries it pays to you who are an Australian resident employee.
However, if the foreign company has sufficient connection with Australia, it should register with the ATO for PAYG withholding purposes; it may also be required to make superannuation contributions on behalf of the Australian resident employee into a complying superannuation fund. In determining the liability to Australian income tax, it is necessary to consider not only the Australian income tax laws but also any applicable Double Tax Agreements. Since there is no current Double Tax Agreement between Australia and Hong Kong, you do not need to look this in more detail.
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