有海外汇款又怕ATO查账的看进来，一劳永逸解决问题

ronia

现在妈妈过来照顾我怀孕住了一年，然后国内亲戚汇款给自己孩子时顺便把我妈妈给我儿子的钱也一起汇过来了，然后我Cousin又把这笔钱用澳洲的帐号转给我，如果ATO查的话，可以说这是我妈妈自己补来的在这里住了一年的生活费吗？但是又是用澳洲帐号转过来的，有关系吗？以后有海外汇款，可以说是父母给自己在这里的生活费吗？偶尔我们双方父母会过来住住的，但是还没移民。还有，我们回国会带澳币回来再存上。。这样要缴税吗？还是存在银行赚利息，然后报税时报上银行的利息就算报税了呢？

astina

谢谢楼主分享有用信息。

在帖子里留联系方式不符合版规。我去除了。说一声。

alisawang

我是真的没看懂，爸妈给的钱也要征税，是这个意思吗？凭什么呢？遗产税还是收入所得税？

lwzdew

markmark

GTR

mark

gladant

学习了

tyw4000

此贴要火

樱桃

谢谢分享！

ilovefamily

一个朋友最近刚被ato稽查。。。。。。。。要补税十几万。。。。。。。。
不过他家大boss出钱给请律师，要和ato打官司，，，，，律师说可以要回80%-90%的钱，，，要不回那么多，不收律师费。。。。。。
这个朋友和他的boss观点特一致。。。。。。。。钱宁愿给律师做律师费，也不给ato、、、、、、

他家boss年年被查，年年没事，就这么搞的，钱给律师也不给ato。。。。。。。。

lostbf

mark，去年汇的钱买房子，现在去办来得及不？

gladant

humphreysang 发表于 2013-6-17 13:34
What can we do? It is very straightforward situation, our parents sent their hard-earned money fr ...

楼主的回答很专业。不过，我还是觉得这样的行动是否真有必要。诚如楼主所言，父母的收入在中国已经交了税，ATO没有道理再次课税。那么，父母汇款来的，自然不应该再被征税。把你每笔汇款的资金来去都详细地保留好证据，以备ATO将来的审查，这才是根本。现在提交ruling表格，却也保不准你的汇款行为就一定能被ATO认定为与你ruling上提交的描述是一致的。比如说，你在ruling表上说是父母汇款来帮助孩子买房，ATO也回复你了不要税。但是你一旦真的汇款来了，你是不是还是得证明这些汇款行为与ruling上描述是一致的，即，父母汇款来帮助孩子呢？倘若如此，就又回到原点了，还是要证明资金来源，ruling所做的努力似乎也无用了。个人见解，再请楼主赐教。

ltroad

看了LZ的贴子，总结一下就是，及时享乐，别存钱买房啥的，吃掉，喝掉，玩掉，ATO查了，要钱没有要命一条。该享受的趁早。

da_wang

学习

CelinaChen

谢谢LZ

treebear2008

签名里面没看见联系方式啊？
楼主在悉尼地区？

fintiewife

mark

grit1256

mark

jok14

如果是国内自己的房产呢，出售之后，汇款过来。。。。？

humphreysang

jok14 发表于 2013-6-17 17:23
如果是国内自己的房产呢，出售之后，汇款过来。。。。？

Assuming you have worked here many years, your situation is much trickier than people like me who received or will receive gift money from parents in China.

For your situation, I can only give you very formal answer "Australian residents for tax purposes are taxable on income form all sources", including sources from China. So it is up to you to make a judgement whether you want to consult with your local accountant.

Good news is China and Australia have not engaged in large scale exchange of information, if any, as I mentioned to "iuij":

1. It is a big pain for ATO to match a English Surname with a Chinese Character. They better pass Chinese IELTS test first.

2. Chinese government just felt the pain of GFC in this year. Previously, they are not under revenue-raising pressure to tax overseas Chinese.

3. There may be other concerns for Chinese government to engage in such kind of information exchange (communist party, you all understand).

humphreysang

treebear2008 发表于 2013-6-17 15:25
签名里面没看见联系方式啊？
楼主在悉尼地区？

Previously I did not know it was not allowed to leave contact details. If any issues, you can ask me on Oursteps or send message to me. I will see whether I can find answer in 10 minutes or I can send you some material so you can read yourself. If it takes too much time, you better ask accountants. It is for free, as my firm is a Jewish firm, which normally do not do one-off consulting or lodgement.

humphreysang

yzf686 发表于 2013-6-17 13:48
Why? Because ATO does not know that your parents earned that money and need you to prove it. :love ...

As I explained in the article, the onus of proof falls on taxpayers. When you apply for private rulings, as long as it is really from your parents as gift money, you should try to include as many proof as you can.

110211

ruxin

学习

humphreysang

ltroad 发表于 2013-6-17 14:52
看了LZ的贴子，总结一下就是，及时享乐，别存钱买房啥的，吃掉，喝掉，玩掉，ATO查了，要钱没有要命一条。 ...

Well, there are many millionaires even billionaires in Australia, who quite enjoy playing with ATO and often gain the upper hand.

It is quite similar to the situation in China, some people hate dealing with public servants/officers, if they have to, most of time it is a very unpleasant experience. On the other hand, some people are quite good at doing business with government and make a big fortune from it.

As my firm is a Jewish firm, I think there are two ways of getting rich. The Chinese way - do whatever it takes to get rich or the Jewish way - do whatever it takes within the law to get rich. The former is quicker but riskier, whereas the latter is slower but safer. Different people have different preferences. As we live in Australia, I think the Jewish way may be more appropriate.

righttang

我基本理解了，其实这个适用与很多地方，比如说，你的parents办移民过来，申请offset,这个问题的争议也很多，包括ato内部都有争议。今年给你批了，明年未必给你批复。

你可以主动去申请一个private rule 确认你父母移民过来你是否可以申请offset ，这样主动出既然，一旦得到满意的答复，以后就安心了

humphreysang

猎豹 发表于 2013-6-17 00:48
我想问楼主一个问题：来澳大利亚读完大学后移民，现在要把以前在中国工作的时候攒的钱拿过来做个小买卖，这 ...

As long as they were derived (generally, received) by you before you come to Australia (the concept of residence is a headache for every tax professional, every attempt to oversimplify it is a great risk, so generally, you can assume you become tax resident when you come to Australia, which is a very conservative approach), it is not taxable in Australia. However, you may not want to have a nasty argument with ATO about with the apportionment of the funds.

For example, you come to Australia in 2010, and your asset in China is $1 million. When you transfer them to Australia, it may become $1.2 million. You should make your own judgement whether you want to bring ATO's attention to the incremental $0.2 million.

qianshachuang

humphreysang 发表于 2013-6-17 13:34
What can we do? It is very straightforward situation, our parents sent their hard-earned money fr ...

父母在国内的钱是交过税了, 可怎么证明这点呢? 税票? 我听说国内的税票很多都是手写的, 有些还是作为单位集体征税的. 甚至很多人的税都集中在某一个人的名下交了. 诸如此类的复杂情况怎么解释才有信服力呢? 一张手写的税票在澳洲官方看来能有多少法律效力?  

humphreysang

简简单单111 发表于 2013-6-17 05:13
可以咨询些关于报税的问题么？

If any issues, you can ask me on Oursteps or send message to me. I will see whether I can find answer in 10 minutes or I can send you some material so you can read yourself. If it takes too much time, you better ask accountants. It is for free, as my firm is a Jewish firm, which normally do not do one-off consulting or lodgement.

humphreysang

一心一意 发表于 2013-6-17 06:39
第一次听说这个ruling

Basically, ATO do whatever it takes to play down the role of Accounting firms, which are troublemaker in ATO's eyes, as no accountant will try to maximise clients' tax payable.

So E-Tax and Private rulings are kind of products to help taxpayers to keep away from accountants. As long as you have nothing to hide, it will do you no harm to be over-communicative with ATO.


Sadly, everyone has a tax secret, big or small. For example, I really cannot remember whether I have some bank accounts in China. Even I do, I am sure it is no more than $100 RMB in them and the interest is no more than AU $5 over the years. However, technically, it is against the law not to disclose one's foreign-sourced income if one is a Australian tax resident.

humphreysang

nicekrissy 发表于 2013-6-17 09:55
so do I need to submit this form every time there are a foreign deposit into my account?

if my pare ...

Personally, I do not think ATO will pay too much attention to Chinese students here, who normally receive overseas money frequently.

My article is mainly for people in similar situation to me, who work in Australia and will receive or have received very few even one-off gift money from Chinese parents.

If you have a job or business in Australia, and still receives regular funds from China. Then there must be a reason specific to your situation, which is not the same as the general scenario. I recommend you contact your local firm for preliminary advice.