原帖由 atraveller 于 5-1-2011 14:39 发表
Sorry to heard that.
OBS: you have to talk to RIGHT person who really know salary packaging for 457 visa holder.
I don't understand your employer's position, LAFHA doesn't cost them anything, ...
Thanks for your suggestion. But I don't feel there is any chance to renegotiate. Here is the reply I got from our payroll team, and you can see the wording is quite tough. What can I say about this? Overseas assignment is very common in this global company, and I don't think my case is the only one. Maybe the management just don't want to take any risk of being imcompliant / dishonest, as it's a sort of 擦边球 according to the explanation.
What needs to be understood is that your employer must be paying you an amount to compensate for you having to live away from your usual place of residence as a result of the employer’s work requirement and that the Living Away From Home aspect is only a temporary requirement and not a permanent one. If XXX had required you to come to Australia to work for a fixed term of say two years, then we could have offered you a LAFHA as your role was temporary or for a fixed term. As XXX hired you for a permanent/indefinite role, XXX is not able to say that it requires to you to work at another location on a temporary basis.
The terms of your employment offer reflect the nature of your role as permanent – not for a fixed term or temporary period - and include benefits to assist with your relocation; it does not include benefits to assist with your return to China. Your XXX sponsored 457 Visa entitles you to work here for four years and the intention is that you will either obtain Permanent Residency or, failing that, the current 457 visa will be extended.
In one respect you are living away from your usual home and have an intention of returning there at some stage – however that is not of itself sufficient to qualify the employer in offering you a LAFHA – it also depends on the employer’s perspective. That is, does the employer require the employee to go and work in a location different to where they are presently living and working for a fixed term or temporary period - this is also most relevant in whether a LAFHA can be offered.
XXX has reviewed this situation with the ATO several times, and continues to monitor changes to the tax rules as they occur, but it is the opinion of the ATO and our own tax advisors that to offer LAFHAs to employees in your circumstances would be against current tax laws and there are significant tax and commercial consequences for both the employer and the employee if all necessary conditions for offering a LAFHA are not met.
[ 本帖最后由 2late 于 5-1-2011 16:23 编辑 ] |
发表于 22-12-2010 14:33:13
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发表于 5-1-2011 13:03:33
