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Post by chris on Feb 24, 2014 17:10:37 GMT 7
Well I don't know what will happen here, and I haven't specifically addressed this one in my calls to Centrelink.
I'm an Aussie, born Aussie. And I fulfilled my residency requirement. I lived in Australia 17 years and I had cumulative visits,maybe 3-4 years more of time spent at home.
I had my own business for 10 years (a hire car running in the ACT). I have Bank Accounts and etc. I have an address with my sister also in the ACT.
But I am an American Citizen naturalized in 1975....ok so far? Right? I have a small partial US Pension of about $1000, plus some "allowances"
In 2010 I obtained Permanent Residency** in the Philippines which is stamped in the passport. It is Permanent, but it will require renewal in May 2015. By Nov, I'm following instructions I have been given, to return to Australia on my birthdate. And file my claim.
So how will they view my "Residency" in the Philippines? Will it be an issue?
** I was married to a Filipina at that time. But marriage was null and void after I found that she was already legally married here in the Phils. Certificate of Nullility was issued and it is entered on the marriage cert...Null and Void.
I do have another partner currently, but that's not an issue in the question. Right?
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Post by Banjo on Feb 24, 2014 17:45:28 GMT 7
Centrelink will not consider residency in other countries an issue for the OAP. They will consider you a non-resident in Australia for their purposes which means you get the OAP but it is not portable for 2 years. (Unless you reestablish residency prior to applying).
Once your 2 years is up you can leave Australia and be paid the full pension for a certain period... 6 months?... Then AWLR cuts in and your pension drops to 17/35 of the whole. Assuming the 17 years was in the working life period.. after age 16. About half.
I believe you could return, say every 5 months and 2 weeks and it would be re-set for another 6 months.
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Post by chris on Feb 25, 2014 8:10:04 GMT 7
Centrelink will not consider residency in other countries an issue for the OAP. They will consider you a non-resident in Australia for their purposes which means you get the OAP but it is not portable for 2 years. (Unless you reestablish residency prior to applying). Once your 2 years is up you can leave Australia and be paid the full pension for a certain period... 6 months?... Then AWLR cuts in and your pension drops to 17/35 of the whole. Assuming the 17 years was in the working life period.. after age 16. About half. I believe you could return, say every 5 months and 2 weeks and it would be re-set for another 6 months. Getting anxious to get home after almost 9 years, although I can't get back until 7-8 November. Thanks for all of the above, the reassurance etc, which is probably more what I'm looking for.
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Post by chris on Feb 28, 2014 15:52:47 GMT 7
Part 2 of the above question.
Clearly dependent children must live in Australia to receive Family Allowance A or B.
However when calculating "Allowable Income" and the reduction in OAP....how would they view dependent children, Aussie Citizens, but living overseas?
Single Fortnightly income up to $156 over $156 Reduction in payment none – full payment 40 cents for each dollar over $156 Couple combined, illness separated (couple combined) Fortnightly income up to $276 over $276 Reduction in payment none – full payment 40 cents for each dollar over $276 Allowable income is increased by up to $24.60 per fortnight for each dependent child
I have allowable income and I could use the $24.60 x 3 added to the $156.
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Post by Banjo on Feb 28, 2014 18:19:38 GMT 7
I don't think they pay it, I could be wrong but I think immiadvice never received anything for his children until he returned to Australia with them. A quick Google reveals. Residence requirements for Family Tax Benefit Part A and Part B
To be eligible for Family Tax Benefit Part A and Part B you must satisfy residence requirements. You must be living in Australia and:
have Australian citizenship, or hold a permanent visa, or hold a special category visa, or hold a certain temporary visa type for example a partner provisional, interdependency or temporary protection visa
Your child must also meet the residence requirements or be living with you and you must continue to meet the residence requirements for as long as you get this payment.
You may be able to claim a payment during a temporary absence from Australia if you have been absent for less than three years. www.humanservices.gov.au/customer/enablers/centrelink/family-tax-benefit-part-a-part-b/residence-requirements
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Post by Denis-NFA on Feb 28, 2014 21:46:20 GMT 7
chrisI have a niggling question... To which country, if any, have you paid the most income tax and how much tax have you paid?
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Post by chris on Mar 1, 2014 8:11:51 GMT 7
chrisI have a niggling question... To which country, if any, have you paid the most income tax and how much tax have you paid? Aahh, you seek the truth and I am happy to oblige. 1. My Dad worked for the Aussie Govt. When I was 17 he was assigned in the States. Cough...I have never actually worked in Australia except as a postman over Christmas, we got 7 Pounds a week. 2. I paid non resident tax for over 30 years. 10% of all interest and dividends off my investments, 10% on all share transactions, win or lose. 10% on my income from my taxi business (one car), but then most of the owner drivers where able to offset the expenses and pay almost no tax. Non Resident cannot claim a tax refund. 3. From age 18-31 I paid US Taxes and SS. From my SS contributions I earned a small pension which I am now receiving. 4. Age 31-56, 25 years I was in Saudi Arabia as a US Citizen. No tax in Saudi, but I was filing a US Tax return every year. The first $75,000 US, earned outside the USA is tax exempt. Things like lump sum payments, educational allowances, free housing, bonuses which go in excess of $75k are taxable. Use your own imagination, we didn't declare anything which would have taken the amount over $75. 5. Same time period. I was running an Estate in Sri Lanka which I bought in 1989. Property taxes are quite low. In 2012 I went there to asses the value and it had gone up a lot....350 milion SL Pesos...and the taxes shot up too. My ex wife paid them from the income off the Estate, but the actual valuation was a bit lower. 6. So where is the money now? Hmm, I did get burned rather severely by my first Pinoy partner....and the rest I spent on kids uni, playing golf, triathlon and bike racing, and generally living the high life until I hit the wall 3 years ago. 7. Then wine women and song....the rest I must have wasted. 8. I went down to $3.00 per day but I came back....
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Post by Banjo on Mar 1, 2014 8:47:43 GMT 7
I'm not sure I'm comfortable with this in the open forum, there's a lot of personal information here and I'm not sure of the relevancy of the tax paid where question.
Australian law is quite specific on certain aspects of Australian citizens and pensions.
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Post by Denis-NFA on Mar 1, 2014 11:44:34 GMT 7
I'm not sure I'm comfortable with this in the open forum, there's a lot of personal information here and I'm not sure of the relevancy of the tax paid where question. Australian law is quite specific on certain aspects of Australian citizens and pensions. chrisBanjo is probably right in too much information. And please, I wish you all the best and I hope to get up your way, one day, and visit. My question was merely because of your niggling 'doubt' and I thought to ask you, and because you had already said you had worked in Arabian countries, I started to wonder in my own mind as to whether your tax paying situation might influence a decision. And my wondering was not about whether you will be granted an Aged Pension but about what criteria will they judge you on for time in Australia. Given that you stated you have worked in certain Arab countries I was curious in my own mind where your nominal tax base was in those times and considering if it was Australia whether that time would satisfy the rules. Like I said... I hope to visit with you one day
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Post by chris on Mar 1, 2014 11:48:08 GMT 7
I'm not sure I'm comfortable with this in the open forum, there's a lot of personal information here and I'm not sure of the relevancy of the tax paid where question. Australian law is quite specific on certain aspects of Australian citizens and pensions. Banjo, I decided to answer the question, rather than say it was too personal. My case, as you can see is totally unique and I doubt if you could find another case much like it. I got stung fairly heavily for non-resident tax over my more productive years, but sure, I got off lightly in other years. And I never derived anything single benefit from the system, schooling, health care, first time home buyers...none of the above. Oops, NFA, you got your reply in ahead of mine...I'm not thinking anything negative, and hope we will meet up in the future. As you can see I'm preparing well ahead of time. And I have a couple of fall back plans, like coming straight back if I don't get granted, and probably working some of the time if I stay. I'm hoping my born Aussie status will pull me through. There's another very vague clause I come across. If you left as a minor, it's considered "by force" and you should not be penalised because you did not voluntarily leave.
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Post by Denis-NFA on Mar 1, 2014 12:09:47 GMT 7
chris, I do not doubt that you will be granted the OAP. It was more the % they will pay you as in length of residency type criteria that I was intrigued about. And I just thought to wonder of that time you were in Arabic countries who you nominated as your tax base because if you had nominated Australia then to my mind you would then be in the same boat as any other Australian overseas worker. PS When I was in Cairns for the 12 months there was an American guy, backwoods New Jersey, who came out to Australia back in the 70's. He had worked and owned fishing boats in Australia and for one genuine reason or another had lost the lot and was waiting for his OAP.
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Post by chris on Mar 1, 2014 12:20:43 GMT 7
chris, I do not doubt that you will be granted the OAP. It was more the % they will pay you as in length of residency type criteria that I was intrigued about. And I just thought to wonder of that time you were in Arabic countries who you nominated as your tax base because if you had nominated Australia then to my mind you would then be in the same boat as any other Australian overseas worker. PS When I was in Cairns for the 12 months there was an American guy, backwoods New Jersey, who came out to Australia back in the 70's. He had worked and owned fishing boats in Australia and for one genuine reason or another had lost the lot and was waiting for his OAP. NFA. Yeah, they are going to penalize me on my allowable income, that's for sure. That's why I'm going to put my head down and work hard for 2 years to make up the difference. There's a $250/week earned income allowed if you work, and they overlook that...so if I lose that amount, I will earn it back. Then when I do leave I will see how far ahead I will be...based on visits every 6 months, of however I decide to proceed. I'm a one of a kind, I think.
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Post by Denis-NFA on Mar 1, 2014 13:04:25 GMT 7
chrisIt is not your income they will penalise you on but the length of time that you will be declared an Australian resident. That is all. And eg... that American guy I mentioned has Australian residency as well as citizenship so he is allowed the full OAP. And I worked it out for him through this site that Banjo has set up and what I told him was proven to be correct. PS Before you disappear into Australia kindly allow Banjo to give you my email address and I will appreciate visiting with you before you leave. If that is ok?
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Post by chris on Mar 1, 2014 13:37:01 GMT 7
Yeah, will send you an my email and mobile no.
Meet up is also possible in Manila, do you ever go there? Our next visit will be 6th June, for 3-4 days.
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