In: Accounting
Pablo is a Portuguese resident employed by a Portuguese company. He is sent to Australia to work on a shortterm project to assist with the establishment of a branch office of the company in Australia. Pablo works in Australia for one month. Throughout this period, his salary was paid into his Portuguese bank account. During the year, he earned the equivalent of A$120,000 from his employment. Does Pablo have to pay Australian tax on any of his salary?
Answer:
Rule: Must apply residency s.6(1) ITAA36 and source (s.6-5, s.6-10 ITAA 97 to ascertain what
income Australia can tax). Superannuation test not applicable based on facts to ascertain what
income to tax.
Application and Analysis
Facts Resides Test Domicile Test 183-day Test
Physical Presence 1 month 1 month 1 month
.
Conclusion:
Pablo has all the family ties, financial ties and place of abode outside AU. He fails all the test. The one-month income source will be taxed in AU, but other 11 months will not be taxed in AU (French). He could be suffered from double taxation for the 1 month working between AU and Portugal. There is no DTA, so Pablo should rely on the Portuguese FITO.