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本帖最后由 云迪 于 2020-5-19 22:12 编辑
GAMUM 发表于 2020-5-19 21:43 
请问是打去哪里问的?
你好,我就是在官网上面找的电话,是REVENUE NSW的,在网上查的,需要我可以帮你再找。打了电话基本明白了,但是想还是写信有个书面的好一点,因为我当时是一来就想买的,想试试用担保保证信那个方法,但是公司经常让我出差,最后放弃了。我写信是给duties@revenue.nsw.gov.au,他们回复的挺慢的,几天回信。
其实还有一个办法就是先交这个FOREIGN TAX,到时候再退,这个办法在理论上是行得通的,但是总觉得这么多钱给了政府再去退不牢靠,而且完全由他们来决定,就没有这么去做。
我们通了两次邮件,我把重要内容发一下,给大家参考:
我问:For your reply below, does it mean surcharge duty is refundable even at the time of contract, the purchaser has not done 200 days but subsequently mainly reside in Australia in the next 5 years?
官方答:If an applicant is no longer a ‘foreign person’ on settlement, an application for reassessment and refund of the Surcharge Purchaser Duty must be made within 5 years.
我问:I was not clear if it is refundable given that I will live here from now on, buy a house now without meeting the 200 days at the time of contract date but subsequently live here more than 330 days a year?
官方答:If you are claiming to be an Exempt Permanent Resident, you must live in the property for 200 continuous days within 12 months from the liability date. You cannot leave Australia in this time.
我问:To clarify, is the ‘purchase date’ referred to in the statement above (copy from website is below) the ‘contract date’ or the ‘settlement date’?
官方答:The ‘purchase date’ is the contract date, you would need to be in Australia for 200 days within 12 months prior to this date to be ‘ordinarily resident’.
我问:Am I able to enter into a sales contract before being here for 200 days but settle after 200 days, without paying the surcharge?
官方答:If surcharge purchaser duty has been paid on an agreement for the sale or transfer of residential-related property and the Chief Commissioner is satisfied that none of the transferees in respect of a transfer made in conformity or partial conformity with the agreement are foreign persons, the Chief Commissioner must reassess and refund that duty if an application is made within 5 years of the initial assessment.
In this case, once the transferee is the new registered proprietor, provide this evidence together with the stamped original contract, evidence of the new transferees permanent visa and of them having met the 200 days rule. Please contact the Department of Immigration to obtain a Record of International Movement document which shows the time spent in Australia and overseas.
我问:I understand that there is another exemption that if I am here during contract exchange and settlement, with a declaration to say I’ll be living in this place continuously for 200 days then I don’t have to pay surcharge. However, my work would require me to do international travels from time to time, so it would be very hard to guarantee not temporarily leaving the country within the 200 days from purchase. If it was for a total of 200 days within a year then I’ll be no problem as I am now working and living in Sydney.
官方答:Section 104ZKA provides an exemption for permanent residents where the residential property will be used and occupied by the permanent resident as his or her principal place of residence for a continuous period of at least 200 days within the first 12 months after the liability date (contract date). The continuous 200 day period does not need to start immediately from the settlement date. It can be a floating period within the first 365 days after settlement. Generally the last date to start your period of occupation will be 165th day after the contract date. You cannot leave Australia during this 200 day period.
https://legislation.nsw.gov.au/#/view/act/1997/123/chap2a
https://www.revenue.nsw.gov.au/help-centre/resources-library/oda076en.pdf
有什么问题再交流 :)
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