Hello,

I've recently asked my employer to set up a LAFHA for me. I am the only non-resident in the company so they arent too familiar with it. I was on a student visa before I took the 2 year contract position. They claim Im not entitled to it, cause I was already over here. Does anyone have an opinion on this? Any accountants who specialise in this? I've heard it argued both ways. I've heard of some people already over in Australia on working holidays getting it. I've only been here on a student visa before the 457. Do you have to be out of the country before getting the LAFHA? they are willing to redo the contract and setup the LAFHA, that is if im entitled to it. Any good clarification or accountants to consult with?? Thanks

Have you read this ??

http://www.gomatilda.com/news/documents/The_Living_Away...m_Home_Allowance.pdf

I think the answer to your question is "No you can't claim LAFHA" because the reason you came to Australia was not as a result of you getting a job here.

However it's a very 'delicate' area with lots of different opinions floating around and no clear guidance (from what I can see) from the ATO website.

I hope this helps.