这样避税合法么

simonwang

In any tax litigation, what the tax payer did in the past will lead to totally different consequence. It doesn't really matter how you try to re-structure the income (i.e avoid the tax) later.

In your case, if the contract was negotiated and signed by your friend's company and you are formally employed by your friend, then the income is not PSI and your friend can pay salary to whoever at any amount he wants. In fact, as you said, the contract was signed by you. Even if you now wish to re-direct the payment to your friend's company, if the ATO finds out, all people will have trouble.

Just a reminder, the contractor vs employee is always a hotspot for the ATO. Part IVA regarding anti-avoidance may also apply to disregard your agreement with your friend's company.

Roujuzi

这不叫避税，这叫逃税

清咖一杯

我相信中介不会同意你这么做的

cangaru

matthew2011 发表于 2015-2-5 15:55
买房也降不了税啊，除非你每套房都倒贴，或都买近新房来折旧

现在地段好的大地大HOUSE都是倒贴的，买个十套八套的，比如GLEN去年买的两百万的大地破房，今年都五百万了，租金却很低，挣的是增值，扣的是税

别买楼花或小单元房

rainyfriend

Psi 不能这样分

yourock

如果中介愿意和你朋友的公司签这个合同，然后你朋友再和你签合同，那应该合法。

大江东去

违法的

matthew2011

谢谢各位或热心的或近忽专业的解释，我再咨询我的会计师.

clark_2

JohnnySu

这又是一个PSI的问题。
以前回答过不少了。

ccuangel

just finished an advice on a similar situation. It was about director fees though. if company A pays a director fee to company B at the instruction of the director, the conclusion is the director is personally assessable on the director fee but can deduct the amount paid to company B.
not sure about the wages though.   

jeff_lawsons

PSI is the concern.

It should also be noted that even if the company passes the PSI tests and is considered to be carrying on a personal services business, Part IVA may still apply if you use company to split income or defer the derivation of income. The ATO would expect that all income of the company (after deducting allowable deductions) should be paid to the individual who derives that income.

You can refer to the following ATO link for more information on how Part IVA may apply to a PSB:

https://www.ato.gov.au/Business/ ... -services-business/

superdollar

天行健 发表于 2015-2-5 14:33
不合法

另外楼上在偷换概念，ato查不到就合法？

从效果上，查不到就是没犯法
就像只要证据不足，从法律上说，杀没杀人就都一样，不是吗

天行健

superdollar 发表于 2015-2-7 03:52
从效果上，查不到就是没犯法
就像只要证据不足，从法律上说，杀没杀人就都一样，不是吗 ...

所以说法治社会其实不是最佳的 才应该提倡道德教育 特别是今天这种不愁吃不愁穿 民泰国安的社会