Education Legislation Amendment (Overseas Debt Recovery) Act 2015 (154 of 2015)
Schedule 1 Repayment of accumulated HELP debts by overseas debtors
Part 1 Amendments
Higher Education Support Act 2003
2 After Subdivision 154-A
Insert:
Subdivision 154-AA - Liability of overseas debtors to repay amounts
154-16 Liability of overseas debtors to repay amounts
If:
(a) a person is a *foreign resident during an *income year; and
(b) the person's *assessed worldwide income for the income year exceeds the *minimum repayment income for the income year; and
(c) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an *accumulated HELP debt;
the person is liable to pay to the Commonwealth, in accordance with this Division, a levy of the amount worked out under section 154-32.
Note: An amount a person is liable to pay under this section is imposed as a levy under the Student Loans (Overseas Debtors Repayment Levy) Act 2015.
154-17 Assessed worldwide income
(1) A person's assessed worldwide income for an *income year is an amount equal to the sum of:
(a) the person's *repayment income for the income year; and
(b) the person's foreign-sourced income for the income year, converted into Australian currency.
(2) The Overseas Debtors Repayment Guidelines may provide for how to work out a person's foreign-sourced income for an *income year, including how to convert it into Australian currency.
(3) Without limiting subsection (2), the Overseas Debtors Repayment Guidelines may provide for a person's foreign-sourced income for an income year to be worked out in relation to a period that does not correspond to that *income year.
154-18 Notices to be given to the Commissioner
Notice relating to leaving Australia
(1) A person who:
(a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and
(b) leaves Australia (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) with the intention of remaining outside Australia for at least 183 days;
must, no later than 7 days after leaving Australia, give a notice to the *Commissioner in the *approved form.
Notice relating to absence from Australia
(2) A person who:
(a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and
(b) has been outside Australia for at least 183 days (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) in any 12 month period; and
(c) was not required under subsection (1) to give a notice to the *Commissioner in connection with that absence from Australia;
must, no later than 7 days after the end of those 183 days, give a notice to the Commissioner in the *approved form.
Notice relating to income (including foreign-sourced income)
(3) A person who:
(a) is a *foreign resident; and
(b) on 1 June immediately preceding an *income year, had an *accumulated HELP debt;
must (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) give to the *Commissioner, in the *approved form, a notice relating to the person's income (including foreign-sourced income) for the income year. The notice must be given within the period specified in the form.
Note: The Commissioner may defer the time for giving the return: see section 388-55 in Schedule 1 to the Taxation Administration Act 1953.
Content of notices under this section
(4) The Overseas Debtors Repayment Guidelines may provide for the content of notices under this section.
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