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本帖最后由 jeff_lawsons 于 2013-6-7 12:32 编辑
The information you provide is not enough to determine the tax residency.
Important information is missing:
1. Where was her main source of income from?
2. Receive Pension in Australia /overseas?
3. Has she filed her tax returns in Australia in the past?
4. Is she also a permanent resident of the foreign country?
5. When she departs from Australia, has she informed the bank to withhold 10% interest WH tax?
Factors indicate the Mum is a Australia tax resident
1. She was an Australian citizen and lived in Australia for part of each year
2. She had property, bank accounts and other financial assets in Australia
3. Based on this information the person was considered to be an Australian resident as her behaviour in Australia reflects a degree of continuity, routine or habit that is consistent with residing here.
Factors against the Mum to be an Australia tax resident
1. Maintained a permanent home in the foreign country.
2. Husband is in the foreign country
3. She lived in the foreign country in last two years
The mum may be classified as dual residency for tax purpose.
Australia has entered into a tax treaty with the overseas country (the Convention) as contained in Schedule 1 to the International Tax Agreements Act 1953. The Convention operates to avoid the double taxation of residents of Australian and the foreign country by allocating taxing rights over various types of income in each country.
If you are a resident of Australia and also a resident of the foreign country for tax purposes, the Convention provides rules (the tie-breaker rules) which determine your residency for the purposes of applying the provisions of the Convention.
Under the Convention, the tie-breaker rules ensure that a dual resident individual is treated as a resident of only one of the countries for the purposes of working out the liability to tax on their income.
Based on the limited information, I personally think the late mum ceased to be an Australian resident for tax purposes when she left Australia two years ago as she is not considered to have been an Australian resident for tax purposes under any of the tests of residency. For the purposes of applying the Convention, the Mum was solely a resident of the foreign country. Therefore, she was not considered to be an Australian resident for taxation purposes.
Assume the late Mum is not an Australian tax resident, and then the following will apply:
1. Interest income is subject to WH tax (10%). From the date the deceased became a foreign resident any interest income also would have been subject to foreign resident withholding tax. Therefore, if her only source of income from Australia was interest and dividends, she/administrator is not required to lodge a tax return.
2. However the administrator of the estate is required to lodge a tax return if the estate had made a capital gain on any assets that have the necessary connection with Australia during the income year. The transfer of title from the estate to the daughter will not trigger CGT. Only the disposal of the apartment by the administrator will trigger CGT.
3. The apartmen ceased to be the Mum’s main residency two years ago. It will become “investment property” when she becomes non-resident two years ago. There is no CGT issue for the title to be transferred from the estate to her daughter; the daughter will inherit the decease’s cost base. The cost base is not the original price the Mum paid. The cost base was reset when her Mum became non-resident two years ago, the market value of the date the late Mum departed Australia is the cost base for her daughter.
However, if the late Mum is an Australian resident for tax purpose, then the following will apply:
1. Given that the apartment was used as a main residence by the late Mum before she went overseas, she may choose to continue to treat it as her main residence even though she no longer lives in it, for example going overseas temporarily. Since she does not use the apartment to produce assessable income the apartment can be treated as her main residence indefinitely. The absence choice made when the late mum went overseas means that the apartment will be considered to be her main residence at her date of death.
2. Death does not usually result in the realisation of a capital gain or loss to the deceased.
3. Since the apartment was her late Mum’s main residence, when the daughter subsequently disposes of it, the capital gains tax issue is as follows:
• If the daughter is going to use the apartment as her main residence from the date of the deceased’s death until it is sold her, the capital gain is disregarded.
• If the daughter is NOT going to use the apartment as her main residence, the capital gain is only disregarded if the dwelling is sold within two years of death
4. Interest income - Final tax return may be required for deceased person from 1 July to date of death
If the interest income is earned after the date of death , the executor should lodge a tax return as part of the administration of the estate. To the extent beneficiaries are not presently entitled to the net income of the deceased estate, the tax liability will rest with the deceased estate. For the first three years' tax returns, the deceased estate income to which no beneficiary is presently entitled is taxed at the general individual rates, with the benefit of the full tax-free threshold.
If the beneficiary is presently entitled and not under a legal disability, they are liable for tax. For example, if the administrator make an income distribution to the daughter, it is the responsibility of the daughterto declare the amount in her personal tax return and pay income tax on it at her marginal tax rate.
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常用家用工具展示，交流贴，507楼 可能是世界上最好的EDC手电 (2011-7-27) iamwhoami 
发表于 2013-6-6 01:59
那我岂不是帮助作弊了？
