What a difference timing makes. A recent case before the Administrative Appeals Tribunal (AAT) is a reminder about the tax impact of the
timing of employment income.
When the job ended, the taxpayer moved to Australia and became a resident. Once in Australia, the former employer
honoured the performance bonus and paid it as a series of instalments.
The dispute between the ATO and the taxpayer started when the Commissioner issued amended assessments taxing the bonus payments received.
The dispute focused on when the bonus was derived. Had the bonus been derived while the taxpayer was still a non-resident then it would not
have been taxed in Australia.
This is because non-residents are normally only taxed in Australia on Australian sourced income. Employment income is typically sourced
in the place where the work is performed (although there can be exceptions to this).
Australian tax case law says that employment income is normally derived on receipt. In the taxpayer’s case, this was when he received the
payments from his former employer, not when he became entitled to the bonus. Because the taxpayer received the bonus when he was a tax
resident of Australia, the bonus was subject to tax.
The difference for the taxpayer was quite dramatic. Had he been paid the bonus when it was due, he would have paid no
tax as Kuwait does not impose income tax.
Please call us if you are concerned about tax residency or managing overseas income. We want our people to be the best they can be.
AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in GOLD COAST with automation expert Daryl Aw to revolutionise your workflow using
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AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and
Productivity.
Join SkyBots’ 2-day Workshop in MORNINGTON with automation expert Daryl Aw to revolutionise your workflow using
cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants,
bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical
system for everyday work.
Lunch & Learn Workshop // Thursday 22 October, 2026 - 12:00 - 2:30pm
$110 (incl. GST)pp includes lunch & drink on arrival (this is just cost! be prepared for a wonderful lunch)
Bridging the gap between legal and financial expertise in family law. Many practitioners see the legal issue, but the strongest
outcomes for separating clients come from understanding the numbers behind the matter. This practical session provides family lawyers with
the financial fluency to spot issues early, guide clients with confidence, and collaborate more effectively with accountants and financial
advisers.
Hiring entertainers, promotional staff or event contractors for your Christmas function could create superannuation obligations you didn't expect.
Helping a family member buy a property may seem straightforward, but the way ownership is structured today could have significant tax consequences years down the track.