Hi Guys,
I’ll give you the facts on LAFHA because unfortunately this information is not widely known in a manner that is authoritative. You will even get differing answers from accountants in Australia, and certainly from payroll officers and HR departments and you will see the reason why below…however…these are the facts and I hope that assist you.
The reason the answers are varied is that LAFHA is the most misunderstood and underutilised allowance in Australia for three reasons.
The first reason is that there is no one repository of current knowledge on the ATO web site, and to make matters worse the immigration web site contradicts itself in 13 places.
The second reason is that LAFHA has the word "Allowance in it". This means to most people, that they have to pay you more! When in fact your taxable salary is reduced by the LAFHA amount you claim, so there is no more for your employer to pay. They pay less tax on you, and you get in the hand what they do not pay.
The other reason is that LAFHA is administered under the Fringe Benefits Tax (FBT) Act, and because people (including accountants, CFOs and payroll officers do not know all there is to know about LAFHA), they automatically take a defensive stance and say "No to LAFHA" because they think it attracts FBT. It does not as long as it is paid correctly.
LAFHA is not an entitlement; it is only paid if your employer agrees to pay it.
LAFHA can continue for the whole 4 years you are on a 457 visa, so long as you intend to return home. The moment you decided not to return home and apply for PR, LAFHA must stop.
The major things that you must remember about LAFHA are that:
• Each case must be considered on its own merits
• You must intend to return home
• Your accommodation costs must be “reasonable”, ie not a penthouse unless you are on $300,000 per year and a senior employee, but also not a hovel!
• Your meals claimsare fixed by the ATO each year on 1 April.
• Never let anyone tell you to claim anything that is blatantly illegal or double dipping; You've got to ask yourself, hand on heart, if I was questioned by the ATO, could I win because I was truthful?
• Never let anyone contact your employer about providing you with LAFHA. That will get your employer off side (as you have already mentioned), so always control the communications yourself.
• LAFHA does not cost your employer any more money, and does not attract Fringe Benefits Tax if paid correctly.
• You can also claim things like:
o Removal and insurance of household effects to Australia and back home
o Temporary accommodation at home before you leave, and in Australia, and the same on the way home
o Storage of furniture at home
o Telephone, gas and electricity connection
o Leasing of household goods
o Return flights back home during your temporary stay in Australia
There are a number of LAFHA professionals in Australia who you can contact for advice. I’m not writing here to promote my business, simply to increase your knowledge so you can make an educated decision. Some charge a flat fee for the advice, others charge between 3% and 10% of each of your payslips for the same advice.
There is only one LAFHA Calculator on the web at http://www.payme.com.au/lafha-calculator.html. Again, not promoting my business, but giving you accurate advice so you can make decisions.
Bottom line, if you are on $60,000 on Australia, LAFHA is worth around $6,500 per year to you. If you are on $120,000 it is worth around $12,000 cash in hand to you and so on.
I hope this has been of some help.
Regards,
Ian
Ian Lindgren
CEO
PayMe Australia Pty Ltd
www.payme.com.au/lafha.html