The case of the taxpayer who was paid too late

HomeInsights

The case of the taxpayer who was paid too late.


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.


Let's work together.

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.


CONTACT US  CONTACT US 



B.I.T.E Business Conference 2025

ALL DAY CONFERENCE @ Mornington Racecourse
6 May 2025 - 8:30am - 5:30pm

In today’s fast-changing world, staying competitive means embracing new trends and technologies. At B.I.T.E. Conference 2025, you'll discover groundbreaking strategies and tools—like A.I. and robotic process automation—designed to help you navigate and succeed in the evolving business landscape.


5 tips for getting best deal when trading in your car

Whether you're planning a lap of Australia or a weekend escape, owning a caravan or camper can be a great investment in lifestyle.


The benefits of debt consolidation

One of the biggest benefits of debt consolidation is the potential to reduce how much interest you’re paying.


What Is a Management Letter?

At the end of each financial year, your accountant prepares essential documents like financial statements, tax returns, and compliance reports. But what brings it all together? That’s where the Management Letter comes in.


Can you refinance with a default on your record?

Lenders assess defaults on a case-by-case basis. What’s most important is the context surrounding the default and how your financial situation has changed since.


How to get a home loan as an expat

Some lenders will assess your income using Australian tax rates, even if you're living in a country with lower tax obligations.


Government expands help to buy scheme with higher caps

Under the expanded program, income thresholds will increase from $90,000 to $100,000 for singles and from $120,000 to $160,000 for couples or single parents.


Elections have minimal impact on the property market

Federal elections have little effect on Australia's property market, despite common perceptions, according to new research.


Payday Super: Changes for Employers

Treasury has released exposure draft legislation for Payday Super that will require employers to pay superannuation at around the same time as salary and wages are paid to the employee. The changes are proposed to commence from 1 July 2026.


Episode 19: Building Your Future - Property Investment with Super

Shannon Smit dives deep into the compelling world of using self-managed super funds (SMSFs) to invest in property. With her signature energy and expertise, Shannon explains the mechanics of SMSFs, contrasting them with retail and industry super funds, and revealing the unique power they offer individuals to take control of their financial future.


Episode 18: From 2 to 10 - Building a Self-Sufficient Property Portfolio

What does it take to turn a modest property portfolio into a self-sufficient powerhouse? In this episode of The Accountant That Builds, Shannon Smit invites you into the fascinating journey of property investment, revealing the key steps, strategies, and mindset shifts that can transform two properties into a thriving, cash flow-neutral portfolio.


Federal Budget 2025/2026

The Government’s big moment in the 2025-26 Federal Budget was the personal income tax cuts. Income tax cuts are a dazzling headline but in reality they deliver a tax saving of up to $268 in the 2026-27 year, with a tax saving of up to $536 from the 2027-28 year.

Related News

30 Apr

What Is a Management Letter?

At the end of each financial year, your accountant prepares essential documents like financial statements, tax returns, and compliance reports. But what brings it all together? That’s where the Management Letter comes in.


READ MORE READ MORE
2 Apr

Payday Super: Changes for Employers

Treasury has released exposure draft legislation for Payday Super that will require employers to pay superannuation at around the same time as salary and wages are paid to the employee. The changes are proposed to commence from 1 July 2026.


READ MORE READ MORE
26 Mar

Federal Budget 2025/2026

The Government’s big moment in the 2025-26 Federal Budget was the personal income tax cuts. Income tax cuts are a dazzling headline but in reality they deliver a tax saving of up to $268 in the 2026-27 year, with a tax saving of up to $536 from the 2027-28 year.


READ MORE READ MORE