Withholding from payments to foreign residents for casino gaming junket activities

Withholding from payments to foreign residents for casino gaming junket activities

About this guide

This guide covers payments you make to foreign residents for arranging casino gaming junket activities.

If you engage a foreign resident as an employee, you must continue to withhold from those payments under the existing pay as you go (PAYG) withholding system.

If you are making dividend, interest or royalty payments to foreign residents, different withholding rules apply. Refer to the More information section of this guide for links to this information.

Payments that are subject to withholding

You must withhold amounts from payments you make to individuals or businesses that arrange for foreign gamblers to come to Australia for the purpose of gaming at casinos. These individuals or businesses are generally known as casino gaming junket operators. You may make payments to them in the form of monetary payments, incentives and non-cash benefits as a reward for bringing people to a casino to gamble.

Services provided by casino gaming junket operators include, but are not limited to:

  • contracting with casinos
  • contracting with players
  • recording player gambling statistics
  • credit and debt management
  • local funds management
  • casino settlement and liaison
  • repatriation of funds
  • providing customer liaison services (for example, translating and interpreting), and
  • associated services such as arranging hotel accommodation, transportation, entertainment and other forms of endearment.

You may make payments to casino gaming junket operators in the following forms:

  • monetary payments
  • flights
  • accommodation
  • food and beverage
  • laundry, car hire or any other in-house services, or
  • other non-cash benefits.

In some circumstances, you may have to make payments to an agent on behalf of a foreign resident. You should withhold from payments you make to such an agent as though you were making the payment directly to the foreign resident. This is the case even if the agent is an Australian resident.

If an Australian resident agent receives a payment subject to foreign resident withholding on behalf of an overseas resident and an amount has not already been withheld from that payment, the agent must withhold from the payment.

Your obligations as a payer

If you make any of the payments above, you must:

Registering for PAYG withholding

If you have employees and other workers, you are probably already registered for PAYG withholding. If you are not already registered, you can register in one of three ways:

  1. when you apply for an Australian business number (ABN), use the same ABN application form to register for PAYG withholding
  2. phone 13 28 66 between 8.00am and 6.00pm Monday to Friday to register over the phone - you will need to have your ABN or tax file number
  3. complete the Add a new business account (NAT 2954) form.

If you need help to register, phone us on 13 28 66 between 8.00am and 6.00pm Monday to Friday.

Withholding amounts from payments

Under PAYG withholding, you must withhold amounts from payments you make to others and send these amounts to us. As a payer, you withhold amounts from payments you make to:

  • payees
  • any supplier carrying on a business in Australia who does not quote an ABN.

Withhold from payments you make to foreign residents for arranging casino gaming junket activities

You must withhold 3% of the total payment you make to a foreign resident business or individual for arranging casino gaming junket activities.

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Payers will need to determine if the Junket Tour Operator (JTO) will be considered to be carrying on an enterprise in Australia to ascertain if an Australian business number (ABN) is required to be provided.

If the JTO carries on little or no activity in Australia, it is unlikely that they are carrying on an enterprise in Australia and therefore they are not eligible for an ABN or able to register for GST.

Example 1

William is a Hong Kong resident who has arranged for another Hong Kong resident (David) to gamble at an Australian casino. All of the administration associated with organising David's play at the Australian casino has been undertaken offshore. William is not carrying on an enterprise in Australia.

A JTO who is not carrying on an enterprise in Australia is not subject to the no ABN withholding tax and is not required to quote a tax file number. The Australian payers are still required to withhold the 3% foreign resident withholding amount.

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When a foreign resident payee has not supplied you with an ABN, and they carry on an enterprise in Australia, you may have to withhold at a different rate. For more information refer to Withholding when a payee does not quote an ABN.

Making payment in foreign currency

If you have to make a payment in foreign currency, you need to work out the equivalent Australian dollar ($AUD) value of the payment at the time you make it.

After converting the foreign currency payment to $AUD, you must then work out the amount to withhold at the required rate. The amount you report and pay to us must always be the $AUD value.

Withholding varied amounts

When to withhold a different amount

The amount you must withhold may be different if the payee has received a variation from us. If we grant a variation, we will send you a written notice confirming how much you must withhold from payments you make to that payee. Unless we notify you, you must withhold 3% from any payments you make.

Why payees can apply for a variation

A foreign resident payee can apply for a variation where the rate at which you must withhold is lower or higher than the amount of tax your payee expects they will have to pay on their Australian taxable income. If a payee claims the prescribed rate is too low or too high, tell them to apply for a variation.

A payee will need to apply for a variation if they believe they are not required to pay tax in Australia under either of the following circumstances:

  • due to the operation of a double tax agreement
  • where the income is exempt under Australian law.

How payees apply for a variation

To apply for a withholding variation, a foreign resident payee must complete a foreign resident withholding variation application form. There is a different application form for each financial year, so payees will need to use the correct one. For example, if a payee is applying for a variation for payments they expect to receive in the 2008-09 financial year, they must use the 2009 form. This application is available in electronic or paper format.

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To obtain a PAYG foreign resident withholding variation application 2010 (NAT 11097)

  • download a copy from our website
  • phone us on 1300 306 105 between 8.00am and 6.00pm Monday to Friday.

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The payee should read the instructions on how to complete this application form carefully as incomplete applications take longer to process. Lodging electronically may reduce the time it takes to process the application.

What to do when you receive a variation notice for a payee

If we grant a payee a variation, we will send you a written variation notice confirming the new rate. Until you receive this notice, you must not vary the rate of PAYG withholding.

When you receive a variation notice for the payee:

  • match the payee identity details on the notice with the payee identity details you have in your records. If you
    • cannot match the details, contact us on the phone number provided on the notice
    • can match the details, you must use the varied rate to work out how much to withhold from any future payments you make to the payee that are covered by the variation. You do not need to withhold anything if the rate in the variation notice is nil. You continue to withhold at the specified rate until the expiry date shown on the notice or until we advise you otherwise
  • keep a copy of the variation notice with your business records for at least five years.

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If you receive more than one variation notice for a payee, the latest notice supersedes all previous notices.

What to do if you receive a variation withdrawal notice

If you receive a variation withdrawal notice for a payee from us, match the payee identity details on the notice with the payee identity details you have in your records. If you:

  • cannot match the details, contact us on the phone number provided on the notice
  • can match the details, you must withhold 3% of the payment.

You should keep a copy of the variation withdrawal notice with your business records for at least five years.

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For more information about withholding variations:

Withholding when a payee does not quote an ABN

You must withhold from payment you make at a rate of 46.5% if all of the following apply to your payee:

  • they provide you with goods or services in the course of carrying on an enterprise in Australia
  • they must have an ABN under Australian tax law
  • they do not quote their ABN
  • they are not exempt from quoting their ABN

Your payee does not have to quote an ABN if the payment you make is exempt income for them. However, if your payee believes they do not need an ABN, you must still consider whether you must withhold from payment you make to them and the payee may need to apply for a variation.

Attention icon

Remember, if you withhold 46.5% of a payment you make because the payee did not quote their ABN, you do not also withhold under foreign resident withholding.

You do not withhold 46.5% from payments you make to payees where all of the following apply:

  • they are a foreign resident
  • they do not carry on an enterprise in Australia
  • they do not make supplies connected with Australia
  • they do not have to have an ABN.

If you make payments to these foreign residents, you must withhold at one of the following rates:

  • the varied rate specified on their PAYG variation notice
  • 3% of the payment you make if they do not have a PAYG variation.

Reporting and paying withheld amounts

When and how you report and pay amounts to us depends on whether you are a small, medium or large withholder. To work it out, we look at how much your total withholding is, or is likely to be, each year.

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If you are unsure of whether you are a small, medium or large withholder, phone us on 13 28 66 between 8.00am and 6.00pm Monday to Friday and we can confirm it for you.

Small withholders

Small withholders withhold $25,000 or less each year. They report and pay withheld amounts quarterly.

As a small withholder, you must report and pay amounts to us on your activity statement. We mail an activity statement to you each quarter, detailing when your payment is due.

You must report all PAYG withholding amounts at the applicable W labels and show the amount you withheld from foreign residents at label W3 on your activity statement.

If you withheld amounts because a foreign resident did not quote their ABN, show these amounts separately at label W4 on your activity statement.

Medium withholders

Medium withholders withhold between $25,001 and $1 million each year. They report and pay withheld amounts monthly.

As a medium withholder, you must report and pay amounts to us on your activity statement. We mail an activity statement to you each month, detailing when your payment is due.

You must report all PAYG withholding amounts at the applicable W labels and show the amount you withheld from foreign residents at label W3 on your activity statement.

If you withheld amounts because a foreign resident did not quote their ABN, show these amounts separately at label W4 on your activity statement.

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For more information about completing you activity statement as a small or medium withholder, refer to PAYG withholding - how to complete your activity statement (NAT 7394).

Large withholders

Large withholders withhold more than $1 million a year. They must pay withheld amounts to us electronically.

If you are already registered as a large withholder, continue to follow the existing procedures for all your other PAYG withholding obligations.

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If you are not registered as a large withholder and you expect to withhold amounts of more than $1 million each year, refer to PAYG withholding for large withholders (NAT 3301) for more information about you reporting and payment obligations.

How to pay withheld amounts

If you are a small or medium withholder, you can pay your withheld amounts (along with other amounts you are liable to pay) to us:

  • electronically, via direct credit, BPAY® or direct debit
  • by mailing a cheque or money order with your activity statement
  • by taking you original pre-printed payment advice to any Australia Post outlet and paying by cash (up to $3,000), cheque or EFTPOS from your savings or cheque account.

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We cannot accept credit card payments.

If you are a large withholder, you must pay your withholding amounts electronically via direct credit or BPAY®.

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For more information about:

® Registered to BPAY Pty Ltd ABN 69 079 137 518

Payment summaries and reporting

If you withhold from payments you make to a foreign resident, there are reporting obligations you must meet at the end of the year. You must:

  • provide each foreign resident with a payment summary
  • send an annual report to us.

Your obligations are different depending on whether you withheld an amount for foreign resident withholding or where an ABN was not quoted.

Reporting amounts you withhold

What is a payee payment summary?

A payment summary is a document you must give each of your payees. It includes details of the gross payments you made to a foreign resident payee and amounts you withheld from those payments. It also provides information your payee need to prepare their tax return.

When to provide a payment summary

You must provide a payment summary to each of your payees, detailing the payments you made and amounts you withheld from those payments for the relevant period.

Your payee can ask for a payment summary at any time during a financial year before 9 June. You must give the payment summary to the payee within 14 days of their request.

You must give a payment summary to the payee by 14 July following the end of the financial year if either of the following applies:

  • they have not requested a payment summary during the financial year
  • there are payments for the financial year that have not been shown on an earlier payment summary.

What period is covered by a payment summary?

When a payee first asks for a payment summary during a financial year, that payment summary must include details of all payments made from 1 July until the date of the payee's request.

If a payee asks for additional payment summaries during the financial year, or you issue a payment summary at the end of the financial year, the later payment summaries should only include details of payments that have not been shown previously.

What form does a payment summary take?

You must prepare your own payment summaries and include the following information:

  • title - PAYG withholding from foreign residents - payment summary
  • period covered by the payment summary - for example, 'Payment summary for the period 01/07/2007 - 30/06/2008'
  • your business name as it appears on your activity statement
  • your ABN
  • the payee's name and overseas address, if known
  • the payee's ABN
  • the payee's Australian tax file number (TFN), if known
  • the payee's taxpayer identification number (TIN), if known
  • the payee's country of residence for tax purposes
  • the total gross amount you paid (in whole $AUD) to the foreign resident payee during the relevant period
  • the total amount withheld (in whole $AUD) from the payments you made
  • the words 'To be retained by the payee for tax purposes'.

You should make two copies of the payment summary - one for the payee and one for your records. You can keep an electronic copy rather than a paper copy if you wish.

Attention icon

Do not send copies of these payment summaries to us.

Example - self-prepared payment summary

PAYG withholding from foreign residents - payment summary

Payment summary for period 01/07/2007 - 30/06/2008

Payer details

Payer: ABC Casino Pty Ltd

Payer ABN: 12 345 678 900

Payee details

Payee: Mr Tour Operator

Payee address:

1 Tour Avenue, Malaysia

Payee's country of residence for tax purposes:

Malaysia

TFN: 98 765 432

ABN: 11 222 333 444

TIN:

Total gross payments       $20,000

Total amount withheld      $600

To be retained by the payee for tax purposes

Annual report

As a payer, you must provide us with an annual report detailing all payments you made and amounts you withheld from foreign residents in a financial year. You must lodge the annual report by 31 October following the end of the financial year.

You can report these amounts to us either electronically or using one of our paper forms.

Reporting amounts withheld where an ABN was not quoted

Payment summaries

If you withheld amounts because a foreign resident did not provide their ABN, and they were required to provide it, you must give them a payment summary at the same time as you pay them the net amount, or as soon as practicable after this.

When issuing a payment summary for withholding where the payee has not quoted their ABN, you can do either of the following:

Self-prepared payment summaries must include:

  • the payer's name
  • the payer's ABN or withholder payer number (WPN)
  • the payer's branch number, if applicable
  • the payee's name, if known
  • the payee's address, if known
  • the date on which the payment was made
  • the amount of the total payment, including the market value of non-cash benefits
  • the total amount withheld
  • the words 'To be retained by the payee for tax purposes'.

The document must be in English and signed by you as the payer.

Give the original to the payee and keep a copy for your records. You can keep an electronic copy of the payment summary.

Annual report

At the end of the financial year you need to separately report details of all amounts you withheld because an ABN was not quoted. You can lodge this report:

You must send this report to us by 31 October each year. You don't have to send copies of the payment summaries you provided to your payees, but you must keep copies for your records.

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To obtain a copy of either of the following forms, phone us on 13 72 26 at any time:

You will need your ABN to place an order.

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Record keeping

You must keep all records that explain your PAYG withholding transactions. Records must be:

  • in English or in a form that can be translated into English
  • readily accessible in either written or electronic format.

You must keep your business records for at least five years.

More information

For more information about PAYG withholding, refer to the following forms and publications.

Bulletins, guides and fact sheets

To obtain copies of our forms or publications, phone us on 1300 720 092.

If you are phoning from outside Australia, dial +61 before the Australian number, that is, +61 1300 720 092.

For more information:

  • phone us on 13 28 66
  • speak to your tax advisor.

If you do not speak English well and need help from us, phone the Translating and Interpreting Service on 13 14 50. If you are calling from overseas, phone +61 3 9203 4027.

If you are deaf, or have a hearing or speech impairment, phone us through the National Relay Service (NRS) on the numbers listed below:

  • TTY users, phone 13 36 77 and ask for the ATO number you need. If you are calling from overseas, phone +61 7 3815 7799
  • Speak and Listen (speech-to-speech relay) users, phone 1300 555 727 and ask for the ATO number you need. If you are calling from overseas, phone +61 7 3815 8000.
  • internet relay users, connect to the NRS on www.relayservice.com.au and ask for the ATO number you need.

Last Modified: Wednesday, 5 May 2010


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