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Withholding declaration
NAT 3093-07.2010
If you feel that this publication does not fully cover your
IS THIS THE RIGHT FORM FOR YOU? circumstances, or you are unsure how it applies to you, you can
Complete this declaration if: seek further assistance from us.
■ you are starting a payer/payee relationship – for example, We regularly revise our publications to take account of any
starting employment and you want to claim tax offsets by changes to the law, so make sure that you have the latest
reducing the amount withheld from payments made to information. If you are unsure, you can check for a more recent
you. You must also provide, or have previously provided, version on our website at www.ato.gov.au or contact us.
a Tax file number declaration (NAT 3092) to this payer
This publication was current at July 2010.
■ you have completed a Tax file number declaration (or
Employment declaration or Annuity and superannuation
pension declaration before 1 July 2000) with your current PRIVACY OF INFORMATION
payer and you now want to: We are authorised by the Taxation Administration Act 1953 to
– advise your payer that you have become, or ceased to collect your tax file number (TFN). You are not required by law to
be, an Australian resident for tax purposes provide your TFN. However, quoting your TFN reduces the risk
– claim or discontinue claiming the tax-free threshold of administrative errors and having extra tax withheld.
– advise your payer of your Higher Education Loan We are authorised to collect information on this declaration by
Program (HELP) or Financial Supplement repayment one or more of the following Acts:
obligations, or make changes to them ■ Income Tax Assessment Act 1936
– claim your entitlement, or vary your entitlement to a ■ Income Tax Assessment Act 1997
dependent spouse, zone, overseas forces or special ■ Higher Education Funding Act 1988
(dependent parent, spouse’s parent or invalid relative,
■ Higher Education Support Act 2003
housekeeper and child-housekeeper) tax offset
■ Social Security Act 1991
– claim your entitlement to the senior Australians
■ Student Assistance Act 1973
tax offset
■ Taxation Administration Act 1953
– increase the rate or amount to be withheld.
The Information you provide will help us to administer these
Acts and other tax laws.
OUR COMMITMENT TO YOU
Where we are authorised by law to do so, we may give this
We are committed to providing you with accurate, consistent
information to other government agencies. These agencies
and clear information to help you understand your rights and
could include Centrelink and the departments of Families,
entitlements and meet your obligations.
Housing, Community Services and Indigenous Affairs; Veterans’
If you follow our information in this publication and it turns out Affairs; and Education, Employment and Workplace Relations.
to be incorrect, or it is misleading and you make a mistake as
If you need more information about how the tax laws protect
a result, we must still apply the law correctly. If that means you
your personal information, or have any concerns about how
owe us money, we must ask you to pay it but we will not charge
the Australian Taxation Office (ATO) has handled your personal
you a penalty. Also, if you acted reasonably and in good faith we
information, phone 13 28 61 between 8.00am and 6.00pm,
will not charge you interest.
Monday to Friday.
If you make an honest mistake in trying to follow our information
in this publication and you owe us money as a result, we will
not charge you a penalty. However, we will ask you to pay the
money, and we may also charge you interest.
If correcting the mistake means we owe you money, we will pay
it to you. We will also pay you any interest you are entitled to.
WITHHOLDING DECLARATION 1
HOW TO COMPLETE THIS FORM
Question 4 Question 6
This question has been removed. From 1 July 2007 your payer Are you claiming or do you want to claim the
must pass your TFN to the super fund to which the payer is tax-free threshold from this payer?
making contributions. Giving your TFN to your super fund will: The tax-free threshold is the amount of income you can
■ make it easier to trace different super accounts in your name earn each year that is not taxed. It is only available to people
so that you receive all your super when you retire who are Australian residents for tax purposes (that is, people
■ allow your super fund to accept all types of contributions to who answered ‘YES’ at question 5).
your accounts
Answer ‘YES’ if you:
■ ensure that the tax on contributions to your super accounts
■ are an Australian resident for tax purposes
will not increase.
■ are not currently claiming the tax-free threshold from
■ will be or have been in Australia for more than half of ■ do not wish to claim the tax-free threshold.
2010–11 (unless your usual home is overseas and you If you want to change the payer you are currently claiming
do not intend to live in Australia). the tax-free threshold from, you must give the payer this form
If you go overseas temporarily and do not set up a permanent to advise them that you no longer want to claim the tax-free
home in another country, you may continue to be treated as an threshold from them.
Australian resident for tax purposes.
The criteria we use to determine your residency status are not
DO YOU HAVE MORE
the same as those used by the Department of Immigration and
THAN ONE JOB OR PAYER?
Citizenship or Centrelink. You can claim the tax-free threshold from only one payer
at a time. Generally, you should claim it from the payer
you expect to pay you the most during the income year.
NON-RESIDENT TAX RATES ARE DIFFERENT
A higher rate of tax applies to non-residents’ taxable income If you receive any taxable Centrelink payments or
and non-residents are not entitled to a tax-free threshold. allowances such as Newstart, Austudy or Youth Allowance,
you are probably already claiming the tax-free threshold
You are not entitled to claim the tax-free threshold and tax with Centrelink. This means, you cannot also claim it from
offsets if you are not an Australian resident for tax purposes. another payer.
However, there is an exception with zone or overseas forces
tax offsets, go to question 9(b) for more information. If you expect to earn more than $16,500 from the job
where you have claimed the tax-free threshold, you may
end up with a tax debt at the end of the income year.
If you need help deciding whether or not you are an Australian
resident for tax purposes, go to ‘More information’ on page 18. To avoid having a debt, you should ask one or more
of your payers to withhold additional amounts by
Answer ‘NO’ to this question if you are not an Australian completing a Withholding declaration – upwards variation
resident for tax purposes. You must also answer ‘NO’ to (NAT 5367).
question 6.
For more information on deciding whether you can claim the
tax-free threshold or which payer you should claim it from, see
‘More information’ on page 18.
2 WITHHOLDING DECLARATION
HOW TO COMPLETE THIS FORM
WITHHOLDING DECLARATION 3
HOW TO COMPLETE THIS FORM
Family tax benefit cannot be claimed through the tax Answer ‘YES’ if you want to claim your entitlement to any
system from 1 July 2008. Claims for family tax benefit of these tax offsets by reducing the amount withheld from
should be made through the Family Assistance Office, see payments made to you. You will need to calculate your
‘More information’ on page 18. estimated entitlement by working through the calculation tables
provided and then transfer your total tax offsets to question 9
on the Withholding declaration.
NON-RESIDENTS
If you are not a resident of Australia for tax purposes, you
are not entitled to claim a dependent spouse tax offset or
a special tax offset. You may be entitled to claim the zone
or overseas forces tax offset.
4 WITHHOLDING DECLARATION
HOW TO COMPLETE THIS FORM
Read the following instructions to help you complete Complete steps 4 and 5 in table A to calculate the reduction in
steps 1 to 6. your tax offset.
WITHHOLDING DECLARATION 5
HOW TO COMPLETE THIS FORM
Step 1 Maximum tax offset ($2,286, or $ This is your dependent spouse tax offset if your (A)
reduced maximum tax offset) spouse’s adjusted taxable income is less than $286.
Step 2 Your spouse’s adjusted taxable $
income, if $286 or more
Step 3 ATI at which tax offset begins $282
or
to reduce
Step 4 Take the amount at step 3 from the $
amount at step 2
Step 5 Divide the amount at step 4 by 4 $ .00
– do not show cents
Step 6 Take away the amount at step 5 $ This is your dependent spouse tax offset if your (A)
from the amount at step 1 spouse’s adjusted taxable income is $286 or more.
6 WITHHOLDING DECLARATION
HOW TO COMPLETE THIS FORM
Question 9(b)
Zone or overseas forces tax offset ZONE B
Entitlement Western Australia New South Wales Queensland
You may be able to claim a tax offset if you:
Boulder Bourke Airlie Beach
■ live or work in a remote or isolated area of Australia,
not including an offshore oil or gas rig Coolgardie Brewarrina Atherton
■ serve overseas as a member of the Australian Defence Esperance Broken Hill Augathella
Force or a United Nations armed force. Kalgoorlie* Cobar Ayr
Kambalda Collarenebri Barcaldine
Zone Tax Offset
Leonora Lightning Ridge Blackall
Remote areas
Remote areas are divided into two zones called zone A and Mullewa Menindee Bowen
zone B. There are also special areas within these zones. You will Norseman Wilcannia Cairns
need to work out which zone (A or B) or special area you are in,
Northampton Cardwell
as different zone allowances apply to each of these areas.
Ravensthorpe Charleville
There is a list, opposite, of selected localities within the zones.
Special areas are listed on page 8. There are also other Southern Cross Charters
Towers
locations that may be in a zone or special area.
Clifton Beach
If you do not live or work in a valid remote area, you cannot South Australia Tasmania
claim the zone tax offset. Collinsville
Woomera Queenstown Cunnamulla
Selected localities within the zones and special areas
Rosebery Greenvale
Locations that are within 250 radial kilometres of the asterisked
(*) locations are also in the relevant zone. Home Hill
Ingham
ZONE A Innisfail
Longreach
Western Australia Northern Territory Queensland
Mackay
Bidyadanga Alice Springs* Camooweal
Mareeba
(Lagrange) Batchelor Cloncurry
Broome* Darwin Mount Isa* Mossman
Carnarvon Hermannsburg Port Douglas
Dampier Katherine* Proserpine
Derby Pine Creek Quilpie
Goldsworthy Santa Teresa Sarina
Karratha Tindal Tambo
Marble Bar Townsville
Newman* Tully
Pannawonica Winton
Paraburdoo
Contact us if you are unsure whether a location is in a zone or
Port Hedland* special area, see ‘More information’ on page 18.
Roebourne
Shay Gap
Tom Price*
Wittenoom
WITHHOLDING DECLARATION 7
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8 WITHHOLDING DECLARATION
HOW TO COMPLETE THIS FORM
offset, you cannot carry forward any unused days from previous Do you have a dependent spouse?
years to make up 183. However, if your overseas service is less If you answer ‘NO’, insert ‘0’ at B in table E on page 11.
than 183 days, you may be able to claim part of the tax offset.
If you have a dependent child or student, go to ‘2 Do you have
You may still be entitled to claim the full overseas forces tax offset dependent children or students?’ on page 10.
if you serve in an overseas locality for less than 183 days and the If you do not have a dependent child or student, go to ‘3 Total
total number of days served, when added to the number of days zone or overseas forces tax offset components’ on page 11.
spent in one or more zones, is 183 days or more. If you served as
a member of the Australian Defence Force, days spent in a zone If you answer ‘YES’, and you do not have a dependent child or
must be defence force service. student and your spouse has adjusted taxable income of less
than $9,426, complete column 1 of table B below.
If you qualify for both an overseas forces tax offset If you have a dependent child or student, and your spouse
and a zone tax offset, you can only claim one of them. has adjusted taxable income of less than $10,342, complete
Claim the higher one. column 2 of table B below.
A dependent child must:
■ be under 21
Calculation of zone or overseas forces tax offset ■ not be a student
If you are entitled to claim a zone or overseas forces tax offset, ■ be treated as an Australian resident
read below to find out how to calculate your offset. ■ have a yearly adjusted taxable income of less than $1,786
■ be maintained by you.
1 Notional spouse (and spouse with child) tax offsets
If you have a dependent spouse, you may be entitled to claim A dependent student must:
a notional spouse tax offset as a component of your zone ■ be under 25
or overseas forces tax offset. Alternatively, you may be able ■ be a full-time student at school, college or university
to claim a notional spouse with child tax offset if you have a
■ be treated as an Australian resident
dependent child or student.
■ have adjusted taxable income of less than $1,786
Refer to ‘Income test’ at the beginning of question 9. ■ be maintained by you.
For the definition of spouse refer to question 9(a).
WITHHOLDING DECLARATION 9
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10 WITHHOLDING DECLARATION
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Amount claimed
Total amount for dependants at step 6 in table D on previous page $ A
WITHHOLDING DECLARATION 11
HOW TO COMPLETE THIS FORM
Question 9(c) If you are eligible to claim this tax offset and none of these
Special tax offsets reduction factors apply, you may claim the maximum tax
offset for your dependant(s). Use table G to calculate your
tax offset amount.
Refer to ‘Income test’ at the beginning of question 9.
For the definition of spouse refer to question 9(a).
TABLE G: Dependent parent, spouse’s parent
This section will help you decide whether you are entitled to or invalid relative tax offset
claim the maximum tax offset for one or more of the special
Invalid relative tax offset
tax offsets. Special tax offsets include: $
$839 each
■ dependent parent, spouse’s parent or invalid relative tax offset
■ housekeeper tax offset
Parent or spouse’s parent
$
■ child-housekeeper tax offset.
tax offset $1,676 each
Contact us (see ‘More information’ on page 18) for more details Total tax offset claimed $ (C)
about special tax offsets, particularly if:
Transfer your amount at (C) above to C in table J on page 14.
■ you are eligible for a special tax offset at a rate less than the
maximum rate If you are claiming a zone or overseas forces tax offset:
■ you or your spouse are receiving, or intend to claim, family ■ transfer the invalid relative tax offset amount to F in table E
tax benefit Part B (this may affect the amount of offset you on page 11
can claim) ■ transfer the parent or spouse’s parent tax offset amount to G
■ you are claiming a zone or overseas forces tax offset. Any in table E on page 11.
tax offsets you would have been entitled to if the family tax
benefit had not been introduced have been notionally
Housekeeper tax offset
retained to calculate the amount of your zone or overseas
forces tax offset. What is a housekeeper?
A housekeeper is a person who worked full time in keeping
house for you and cared for any of the following:
Dependent parent, spouse’s parent or invalid ■ a child of yours under 21, irrespective of the child’s adjusted
relative tax offset taxable income
Your parent, spouse’s parent or invalid relative must be a
■ any other child under 21 (including a student under 21) who
dependant who is maintained by you. This means either:
was your dependant and whose adjusted taxable income was
■ you and the dependant resided together
less than $1,786
■ you gave the dependant food, clothing and lodging
■ your invalid relative who is your dependant and for whom you
■ you helped them pay for their living, medical and
can claim a dependant tax offset
educational costs.
■ your spouse who received a disability support pension.
An invalid relative is a person 16 years or older who is your
child, brother or sister who both:
■ receives a disability support pension, special needs disability, ‘Keeping house’ means more than just child-minding
support pension or rehabilitation allowance or performing domestic duties. It includes having some
■ is eligible to receive an invalid pension or has a certificate from responsibility for the general running of the household.
an Australian Government-approved doctor stating that they
have a continuing inability to work. Special circumstances
There are special circumstances that may enable you to qualify
Maximum offset and reduced tax offset for this tax offset even if your spouse was not on a disability
The maximum tax offset is $839 for each dependent invalid support pension. Examples of special circumstances include:
relative and $1,676 for each dependent parent or spouse’s
■ your spouse deserted you and your children, and you are not
parent. Your tax offset is reduced if either:
living in a genuine domestic relationship as a couple
■ your dependant’s adjusted taxable income was $286 or more
■ you have a child with a severe mental disability who requires
■ you maintained your dependant for only part of the year
constant attention
■ another person helped to maintain your dependant
■ your spouse suffers from an extended mental illness and is
■ your dependant resided in Australia for only part of the year.
medically certified as being unable to take part in the care of
your children.
12 WITHHOLDING DECLARATION
HOW TO COMPLETE THIS FORM
You cannot claim the housekeeper tax offset for the eligible for it only at the shared care rate.
same period you are eligible to claim the child-housekeeper
tax offset.
How much can you claim?
If you do not have another dependent child under 21 or student
under 25, the amount of child-housekeeper tax offset you may
If you are eligible to claim this tax offset and none of these be able to claim is $1,863. This amount is increased to $2,232
reduction factors apply, you may claim a tax offset amount if you have an additional dependent child under 21 or student
of $1,863 or $2,232 at (D) in table H below. under 25.
Your maximum child-housekeeper tax offset is reduced if either:
TABLE H: Housekeeper tax offset ■ your child-housekeeper’s adjusted taxable income for the
period you are claiming was $286 or more
Housekeeper tax offset claimed $ (D) ■ you maintained a child-housekeeper for only part of the year
■ you met all the above eligibility tests for only part of the
Transfer your amount at (D) above to D in table J on page 14. income year.
If you are claiming a zone or overseas forces tax offset, work
out how much of the housekeeper tax offset to use in the You cannot claim a child-housekeeper tax offset if
calculation, ignoring any adjustment for family tax benefit. you had a child-housekeeper for the whole year and your
Insert this notional housekeeper tax offset amount at D in child-housekeeper’s adjusted taxable income was over
table E on page 11. $7,733 (or $9,209 if you had an eligible dependent child
or student).
Child-housekeeper tax offset
A child-housekeeper is your child, adopted child, step child, If you are eligible to claim this tax offset and none of these
ex-nuptial child, a child of your spouse or a child of yours within reduction factors apply, you may claim a tax offset amount
the meaning of the Family Law Act 1975 who kept house for of $1,863 or $2,232 at (E) in table I below.
you full time. A child who is a full-time student or a full-time
employee is not considered to keep house full time.
TABLE I: Child-housekeeper tax offset
‘Keeping house’ means more than just child-minding Child-housekeeper tax offset claimed $ (E)
or performing domestic duties. It includes having some
responsibility for the general running of the household. Transfer your amount at (E) above to E in table J on the
You cannot claim a child-housekeeper for any period next page.
that you lived with your spouse.
If you are claiming a zone or overseas forces tax offset, work
out how much of the child-housekeeper tax offset to use in
the calculation, ignoring any adjustment for family tax benefit.
Insert this notional child-housekeeper tax offset amount at E in
table E on page 11.
WITHHOLDING DECLARATION 13
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14 WITHHOLDING DECLARATION
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WITHHOLDING DECLARATION 15
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WITHHOLDING DECLARATION 17
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18 WITHHOLDING DECLARATION
Withholding declaration PAYER’S COPY
Given names
6 Are you claiming or do you want to claim the You must answer ‘NO’ at
Yes No
tax-free threshold from this payer? questions 9 and 10 unless you
are a non-resident claiming
a senior Australians, zone or
7 (a) Do you have an accumulated Higher overseas forces tax offset.
Yes No
Education Loan Program (HELP) debt?
Date
YOUR DETAILS
1 What is your Australian business number (ABN) (or your
withholding payer number if you are not in business)?
2 What is your registered business name or trading name (or your individual name if you are not in business)?
WITHHOLDING AGREEMENT
As elected by my payee, I agree to:
(a) withhold amounts from payments made to them at the rate of . %
OR
(b) increase the amount that would otherwise be withheld by $ , x
.00 per payment.
Day Month Year
DECLARATION BY PAYER
I declare that the information I have given on this form is true and correct. There are penalties for
I agree to increase the amount withheld from payments made, as indicated deliberately making a false
at either (a) or (b). or misleading statement.
Signature of payer
Day Month Year
Date
I understand that the varied rate or increased amount will apply only to the payments made to me starting
from the pay period indicated above, when it results in a higher amount being withheld than would otherwise
apply under the PAYG withholding tax tables or by regulation for the relevant withholding event.
Date
Name of payee
I agree to increase the amount withheld from payments made as indicated at (a) or (b).
Signature of payer
Day Month Year
Date
Registered business name or trading name (or individual name if not in business)