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  • When to withhold tax

    You are required to withhold amounts when making payments to foreign resident employees.

    It is not compulsory for foreign resident employees to have a tax file number (TFN). However, without a TFN, your payee can't:

    • lodge a PAYG foreign resident withholding variation (FRWV) application
    • lodge an Australian tax return
    • apply online for an Australian Business Number (ABN).

    Additionally, it will be more difficult for us to look up and discuss your payees' tax records with them.

    They may also be liable for more tax if they do not provide a TFN.

    Where the payment is to an individual foreign resident, you withhold at the individual income tax rate, unless their employment falls under special withholding rates for:

    Withholding when a payee does not quote an ABN

    If a payee is required to supply you with an ABN, and they don't, you must withhold the top rate of tax from the payment.

    In limited circumstances they do not need to supply you with an ABN. These include when the:

    • income is exempt
    • payee is not required to pay tax due to a tax treaty
    • payee is a foreign resident and does not carry on an enterprise in Australia.

    Where the foreign resident payee believes they don't need an ABN, you still need to consider whether you are required to withhold from the payment and the payee may need to apply for a variation.

    The withholding requirements where an ABN is not quoted take precedence over foreign resident withholding requirements. Therefore, if you have withheld because an ABN was not quoted, you do not also withhold under foreign resident withholding rules.

    It is your responsibility to be satisfied that you do not need their ABN.

    See also:

    Making a payment in a foreign currency

    If you have to make a payment in a foreign currency you need to calculate the equivalent Australian dollar value of the payment at the time you make the payment.

    After converting the foreign currency payment to Australian dollars, you then calculate the amount to withhold at the required rate.

    See also:

      Last modified: 05 Apr 2017QC 18617