Hello,

I am here on a ETA temporary visa for business, working for a UK company (and being paid into a UK bank account etc).
There are multiple entries allowed on this visa for a year, as long as no one stay is over 3 months, which I have satisfied.

However, I will be in Oz for 183 in April and I need find out if I have to return back to the UK in order to avoid being liable for tax here.

I have seen http://www.ato.gov.au/individuals/content.asp?doc=/content/76537.htm

and am hoping that this means I can stay in Australia for a longer period as long as I obay the terms of my visa without being liable for tax.

Does have any experience or advice with a similar situation.

Many thanks in advance,

Clodagh

Hello,

I should have also given the following details

1) I have been staying at the same address in a servied appartment type accomodation for the duration of my time in Australia.

2)I have no spouse etc who is resident in Australia and no purchases here such as cars/homes or any commitments to education/training and I do intend in residing permentantly outside of Australia .

Thanks,
Clodagh

You don't spell out what visa you have but generally an ETA does not entitle you to work in Australia despite the 3 month renewals. The obligations under the visa specifically state that you are not allowed to work in any job that could be undertaken by an Australian resident and even then work would be very specialised and work period restricted to 21 days.

If you are working for your UK employer in Australia then you are both breaking the law.

Any income you earned while working in Australia is subject to Oz tax even if it is paid to you in the UK - there is no 183 day rule applicable. You work in Oz you pay tax in Oz. Your employer should also be paying 9% of your salary into an Oz super fund for you.

The web site you refer to is in respect of foreign income earned by temporary residents - they are still subject to tax on income earned in Australia.

I think that you need to get your company to completely reassess your position in Australia.

I agree - it sounds like you have the business ETA visa which is NOT to be used for what you are doing. The business ETA visa is for people coming for conferences, for buisness meetings - trips relating to their work elsewhere.

If you leave Australia and return and they discover what you have been doing they will not let you back in and you will be subject to a 3 year ban from visiting Australia for any reason !

You should be here on a 457 visa !

As Paddy says you are here ILLEGALLY !

Ever watched 'Border Security' on TV since you have been here ?? This very issue was covered not long ago. The guy in question got put back on a plane the same day and sent back home !

Hello,

Thanks for your replies, I am definitely a bit concerned now as I was under the understanding what we were doing was above board, as we are here on business working for a UK company, and we are not intending on staying here permanently, just until we have delivered a project.

So like you say it is a trip relating to our work elsewhere, our job in the UK.

I then thought that the ETA (as it's not a permanent visa) would deem us "temporary residents" - and thought that our salary earned in the UK would come in under "foreign income" .

Ok, I shall get some professional help to sort this out, it does seem our company needs to re-access our status here in Australia.

Clodagh

Read this thread !

http://gomatildaforums.com/eve/forums/a/tpc/f/1066053782/m/4361014371/inc/-1