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 



2026 EXPRESSIONS OF INTEREST - Skybots: RPA & A.I - 2-Days Training Course

After overwhelming demand and sold-out sessions in Perth, Brisbane, Sydney, Melbourne and Mornington in 2025, we’re inviting expressions of interest for 2026. If you missed out earlier or are ready to dive into hands-on automation training, we’re considering additional sessions in various locations across Australia in 2026.


SKYBOTS: RPA & AI Training Course - Melbourne CBD

LIVE 2-DAY COURSE - MELBOURNE CBD
15 & 16 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


SKYBOTS: RPA & AI Training Course - Sydney CBD

LIVE 2-DAY COURSE - SYDNEY
11 & 12 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


SKYBOTS: RPA & AI Training Course - ADELAIDE CBD

LIVE 2-DAY COURSE - ADELAIDE CBD
8 & 9 December 2025

Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA, and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and optimise VBA scripts, and deploy robust automation solutions independently.


Why Mental Health and Money Must Be Managed Together

Running a small business has always been personal. Every sale, every setback, every sleepless night - it all comes back to the same person: the owner.


The State of Small Business in 2025: Pressure, Purpose, and the Path Forward

A staggering 93% of small business owners reported higher costs this year, while 64% saw profits fall. Taxes, wages, and insurance top the list of pressures, with taxes ranked as the number one cost by half of respondents of a recent report.


Resilience Under Pressure: What the 2025 Small Business Perspectives Report Reveals About Australian Business Owners

Australia’s small business sector has always been defined by its resilience - but the latest Council of Small Business Organisations Australia (COSBOA) and CommBank Small Business Perspectives Report 2025 shows that resilience is being tested like never before.


7 Steps To Securing A Boat Loan

Online loan calculators can give you a realistic estimate of your potential repayments without affecting your credit score.


The ATO Is Watching: Why Clean Books & Regular Check-ins Matter More Than Ever

The ATO is tightening the screws. They’ve issued a clear warning to businesses: stop inflating or falsely claiming GST. And they’re not just making noise - thanks to advanced data-matching and technology, they’re more capable than ever of spotting discrepancies.


Are debt consolidation loans worth it?

Debt consolidation works best when the new loan has a genuinely lower interest rate and a reasonable term.

Financial Standard Power50

Financial Standard Power50


Shannon Smit Named Among Australia’s Top 50 Most Influential Financial Advisers

Smart Private Wealth is proud to announce that Founding Director, Shannon Smit, has been recognised in the 2025 FS Power50, Financial Standard’s annual list of the 50 most influential financial advisers in Australia.


4 Mistakes Property Investors Still Make

It’s human nature to make decisions based on how something makes us feel — but property investing is not the time for sentimentality.


CASE STUDY: Trades Business

Guyrobb Electrics’ success story shows how structure, visibility, and partnership can transform the way a business operates. With the right systems, advice, and regular strategic review, Jon has been able to grow confidently.


CASE STUDY - Training and Education

As a relatively new business owner, Sharyn was looking for an advisor who could go beyond compliance — someone who could translate financial data into strategy, build her confidence with numbers, and help her align her team around a clear business vision.


The Hidden Barriers That Limit Business Growth

When progress stalls, most business owners assume they need to work harder. But in our experience, the problem isn’t effort—it’s visibility. You can’t fix what you can’t see.


Strategies for Business Growth Grounded in Facts

Every business wants to grow. But growth without clarity can be just as risky as stagnation. Many business owners pursue expansion based on instinct or inspiration—launching new services, hiring more staff, or investing in marketing—without fully understanding what the numbers are saying. The result? Busyness without progress. Revenue may rise, but profit and control often fall behind.


Build Systems That Reduce Stress and Save Time

The truth is, most business stress doesn’t come from the work itself. It comes from the lack of structure behind it. Without systems, your business relies on memory, goodwill, and constant firefighting. That’s exhausting—and it’s unsustainable.


Plugging the Profit Leaks: How Business Consulting Strengthens Cashflow

Even profitable businesses can run into cashflow trouble. Revenue looks healthy on paper, yet the bank balance tells a different story. The culprit? Hidden leaks in profit and cashflow that quietly drain resources, reduce margins, and create constant pressure on working capital.


Case Study: Why Quality Bookkeeping and Payroll Services Matter

What happens when a trusted employee of 15+ years claims they’re owed over $20K in backpay? For one small business owner, it meant stress, legal letters — and a powerful reminder of why investing in the right accounting and bookkeeping partner pays off.


Regional australia continues to attract city dwellers

Regional Australia remains an attractive option for capital city residents, with 26 per cent more people relocating to regional areas.

Related News

11 Nov

Why Mental Health and Money Must Be Managed Together

Running a small business has always been personal. Every sale, every setback, every sleepless night - it all comes back to the same person: the owner.


READ MORE READ MORE
11 Nov

The State of Small Business in 2025: Pressure, Purpose, and the Path Forward

A staggering 93% of small business owners reported higher costs this year, while 64% saw profits fall. Taxes, wages, and insurance top the list of pressures, with taxes ranked as the number one cost by half of respondents of a recent report.


READ MORE READ MORE
11 Nov

Resilience Under Pressure: What the 2025 Small Business Perspectives Report Reveals About Australian Business Owners

Australia’s small business sector has always been defined by its resilience - but the latest Council of Small Business Organisations Australia (COSBOA) and CommBank Small Business Perspectives Report 2025 shows that resilience is being tested like never before.


READ MORE READ MORE