+61 (3) 5911 7000 +61 (3) 5911 7000

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 



Skybots: Practical AI and Agentic Workflows Training Course GOLD COAST 3-4 Dec, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in GOLD COAST with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


Skybots: Practical AI and Agentic Workflows Training Course MORNINGTON 30 Nov - 1 Dec, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in MORNINGTON with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


The Critical-5 Financial Metrics That Drive Business Performance

Lunch & Learn Workshop // 4 September, 2026 - 12:00 - 1:30pm
$35pp includes lunch

Many business owners believe growth comes from more sales. But in reality, the strongest and most profitable businesses grow by improving how the business works, not just by selling more. This session is designed to change that. The 5-Critical Financial Metrics is a practical workshop that shows you where small, targeted changes can create disproportionately big improvements in profit, cashflow and sustainability.


Live Workshop: Finance Ready So Banks say YES

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Friday 31 August, 4:00pm-6:00pm
Join our practical, educational workshop designed to help business owners understand the lending process and in preparation for funding conversations, learn how lending decisions are really made and what banks actually look for. 


Live Workshop: Know Your Numbers

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Tuesday 25 August, 10:00am-12:00pm
This practical, confidence-building session is designed to give business owners control. Know Your Numbers is a hands-on workshop created specifically for non-financial business owners who want clarity and confidence in their decision-making. 


Live Workshop: Rising Insurance and Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 24 August, 5:30-7:30pm

This practical, education-first session helps business owners cut through the confusion and take back control of their business insurance decisions.


Live Workshop: AI & Automation for Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 10 August, 5:30-7:30pm

This practical session, in collaboration with the Mornington Peninsula Shire as part of the Small Business Festival, helps small business owners understand AI and automation and shows how small businesses can use smarter tools to reduce manual work, improve accuracy and create more capacity for growth.


B.I.T.E Business Conference 2026

Conference // 5 August, 2026 - ALL DAY EVENT
The B.I.T.E. Business Conference 2026 is the Mornington Peninsula’s premier event for bold business owners ready to rethink what’s possible, reinvent how they operate, and reignite their growth. Hear from global keynote speakers including Grant Hackett, Andrew Griffiths and Kate Christie plus local business innovators.


Skybots: Practical AI and Agentic Workflows Training Course MELBOURNE 22-23 June, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in MELBOURNE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.



Skybots: Practical AI and Agentic Workflows Training Course BRISBANE 19-20 June, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in BRISBANE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


Cash flow mistakes growing businesses commonly make

Business Growth brings its own financial pressures, and cash flow is often where those pressures first show up. It’s a pattern that catches many business owners off guard.


Minimum Wage Is Going Up - Here's What Employers Need to Do

The Fair Work Commission (FWC) has handed down its 2026 Annual Wage Review, and the numbers are in. From 1 July 2026, the national minimum wage will rise by 5.97%, and modern award minimum rates will increase by 4.75%.


Gold coast rental prices now exceed sydney as market stabilises

The luxury residential sector is experiencing uneven performance across Australia's major cities.


Payday Super Is Coming

WEBINAR // 28 May, 2026 - 12:30 - 1:15pm
From 1 July 2026, Australian employers must pay super on payday - not quarterly. Join us on Wednesday 28 May for a practical 45-minute briefing on what Payday Super actually requires, where the risks are for small businesses, and the steps you can take right now. Can’t make it live? Register anyway - all registrations will receive access to the recording to your inbox.


Episode 23: Smart and Practical Hacks to Wear Less Hats in Small Business


Rental market hits affordability as vacancy rates reach record

Rental performance is increasingly fragmented across the country.


Neighbourhood centres emerge as community hubs amid shifting

Consumer habits have shifted markedly, with daily convenience trips now replacing the traditional big-shop model, turning neighbourhood and convenience centres.


Australian farmland prices set for modest growth in 2026

Australian farmland prices are expected to continue their modest growth trajectory in 2026, with the median price per hectare forecast to increase by two per cent.


Pricing, Profit and Your Ideal Client: Why Being Busy Is Different To Being Profitable

Lunch & Learn Workshop // 22 May, 2026 - 12:00 - 1:30pm
$35pp includes lunch

This session is designed to change that. Pricing, Profit & Your Ideal Client is a practical workshop that helps you understand where your profit really comes from, how pricing decisions affect margins, and why working with clients that align with your business makes a measurable difference to both profit and cashflow. 


3 things to know about buy now, pay later vs a personal loan

Buy now, pay later can be cost-effective if you pay on time.


Institutional investors return to australian commercial real estate

Institutional capital is flowing back into Australian commercial property as market fundamentals strengthen, with experienced investors moving ahead of broader market confidence.

Related News

2 Jun

Minimum Wage Is Going Up - Here's What Employers Need to Do

The Fair Work Commission (FWC) has handed down its 2026 Annual Wage Review, and the numbers are in. From 1 July 2026, the national minimum wage will rise by 5.97%, and modern award minimum rates will increase by 4.75%.


READ MORE READ MORE
20 May

Minimise Your Personal Tax: The Guide

Now's the time to review what strategies you can use to minimise your tax before 30 June.


READ MORE READ MORE
13 May

Federal Budget 2026/2027 - FAQs

The Federal Budget, delivered on the night of May 12 2026, was one of the most significant in years. We know you will have questions — and we have put together this document to answer the ones we are hearing most.


READ MORE READ MORE