Australia is a constitutional State. Foreign nationals can benefit from the same treatment as citizens in judicial matters (including commercial disputes). It is one of the least corrupt nations in the world, and women have the same freedoms and rights as men.
The language of justice
English
Having recourse to an interpreter
Possible.
Sources of the law and legal similarities
The main source of the law is the constitution of 1901, based on English Common Law. The country accepts the obligatory jurisdiction of the International Court of Justice.
The Patent Trade Marks and Designs
Office is the organization responsible for the protection of intellectual property and any requests should be made to them (administration of patents and registration of trade marks and designs). For copyright, there is also the Copyright Law Branch.
GST
: Goods and Services tax
ATO : Australian Taxation Office
Tax rate
Australian VAT is tax on goods and services: Goods and Services
Tax.
A rate of 10% applicable when selling or buying most goods and services in Australia and when importing into Australia (which includes Customs valuation, Customs tax, transport and transport insurance if it is not already included in the Customs valuation).
Reduced tax rate
No reduced rate.
Other consumption taxes
None
Corporate taxes
Tax rate
Corporate tax
:
30%
Fringe Benefit Tax
:
48.5% on the value of fringe benefits granted to staff
Payroll Tax
:
Between 3.65% and 6.85% of the global company payroll (however, small companies are generally exempted).
Dividends
:
Free of tax for resident companies.
Tax rate for foreign companies
Resident companies are taxed on all their profits worldwide at a rate of 30%. Non-resident companies are taxed in their country of origin.
Capital gains taxation
Capital gains on assets held by an Australian company and long term capital gains are taxed, in principle, when they are realized at the Corporate tax rate, i.e. 30%.
Stamp duty: all the Australian States and Territories subject certain transactions to Stamp Duty at rates which vary according to the transaction. Land tax is collected by each State on the non-revalued value of land, at progressive rates. Payroll tax is collected from employers. This tax is specific to each State, and its rates and conditions of payability vary according to the State. Payrolls under a certain threshold are exempted (in the State of New South Wales AUD500,000 ).
Individual taxes
Tax rate
Income tax
:
AUD1 – AUD6,000: Nil AUD6,001 – AUD30,000: 15c for each AUD1 over AUD6,000 AUD30,001 – AUD75,000: AUD3,600 + 30c for each AUD1 over AUD30,000 AUD75,001 – AUD150,000: AUD17,100 + 40c for each AUD1 over AUD75,000 AUD150,001 and over: AUD47,100 + 45c for eachAUD1 over AUD150,000
Professional expenses, subscriptions to professional reviews, training, expenses related to travel (professional activities), driving expenses for professional activities, gifts and donations and expenses related to clothing for certain professions.
Special expatriate tax regime
For expatriates, it is advisable to look into questions related to tax residence and to set up tax optimization schemes especially to limit taxation on certain allowances, such as the Living Away From Home Allowance (LAFHA).
Tax exemption for income from abroad for temporary residents, which includes also capital gains, has existed in Australia since 1 July 2006.
Double taxation treaties
Countries with whom a double taxation treaty have been signed
Certification of accounts concerns the following accounting reports: the Statement of Financial Performance & Position or Balance sheet, i.e. the the company's statement of accounts, and the Profit and Loss Statement of the financial year certified.