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Australia

Business Talent Programme

Under the Business Talent Programme, foreign nationals conducting business in the country may obtain a permanent visa subclass 132 (permanent residency), together with his or her dependents. To be eligible the entrepreneur must be nominated by a state or territory government or Australian agency.

To be nominated, the investor/entrepreneur must file an application for State Nomination with the Business Migration Centre (BMC). Once approved it is required to submit an Expression of Interest (EOI) through the SkillSelect Online process of the Australian Department of Immigration and Border Protection.

Once nominated in SkillSelect, he or she will receive an invitation from the Department of Immigration and Border Protection to apply for a Permanent visa subclass 132. After 4 years of permanent residency, he or she may be eligible to apply for citizenship.

investment


Significant Business History stream

To apply for the permanent visa subclass 132 under the Business History Stream, you, your partner, or you and your partner combined must have total net assets of at least AUD400,000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years prior of application, or own shares of a publicly listed company, with a minimum shareholding of at least 10 per cent of the total issued capital.

Your net business and personal assets must be at least AUD1.5 million, have been legally acquired and can be transferred to Australia within two years after the visa is granted.

Your business must have had a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years prior to application.

And you own a minimum of 51 per cent of a business with turnover of less than AUD400,000 per year, or 30 per cent of a business with turnover of more than AUD400,000 per year, or 10 per cent of a publicly listed company.

After 4 years of permanent residency, you will be eligible for Australian citizenship.

Requirements


- Be under 55 years of age (some states or territories may waive this requirement, provided that business will bring exceptional economic benefits to the country).
- Evidence of holding total net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
- Evidence of a business plan to indicate your intentions and efforts to actively participate in and manage the qualifying business, describing your proposed business activities in Australia and indicating how they will benefit Australia economically.
- Evidence that you have participated in the day-to-day management of the business for two of the four fiscal years before you were invited to apply, such as:
+ Financial statements of your business for two of the four fiscal years prior application (the statements must be prepared by an independent accountant)
+ Organisational chart showing your position in the business, staff attribution, management reporting lines and functional responsibilities.
+ Photos of business premises and business activities (maximum six photos)
+ Business contracts
+ Evidence of business ownership, full company extract or certificate of incorporation, shareholder certificate lodged with the Company Registrar, showing your share of capital, annual returns of the business, memorandum and articles of association, certificate of business registration, business license or business names extract for the business, franchise agreement, company registrar or share transfer documents, partnership agreements between all partners.
- Details if any of your businesses have operated at a loss, evidence if any of your businesses is or has been subject to insolvency, receivership or liquidation or evidence of bankruptcy of any of your businesses (if applicable).

Restricted Nationalities


No nationality is officially restricted

dual citizenship


Dual citizenship is recognized in Australia. You are not required to renounce your previous nationality to become a citizen of Australia.


Documents Required


  • Certified copy of passport
  • Two passport-size photos
  • Certified copy of ID Card
  • Original or Certified copy of Birth Certificate (if applicable)
  • Original or Certified copy of Marriage Certificate (if applicable)
  • Medical Certificate
  • Original Police Clearance Certificate
  • Bank Statement
  • Proof of net wealth
  • Certified copy of Business License or Incorporation documents
  • Evidence of Business Background
  • Certified copy of Business License or Incorporation documents (if applicable)
  • Financial Statement
  • Business Plan
  • dual citizenship Yes
  • Family members included Yes
  • land ownership Yes
  • Physical residence required No
  • Personal visit required Yes
  • Language skills required Yes
  • Interview required No
  • Investment Single -
  • Investment Family 4 -
  • Minimum annual income -
  • Time to citizenship 48
  • Time to permanent residency
  • Visa-free countries 185
  • Financing available No

Country details

Australia
AUD
61
Canberra
Oceania
English (Australia)
21,515,754
The Commonwealth of Australia is the sixth largest continent worldwide. Located in Oceania, the country occupies the main continental mass of the Sahul Shelf, in addition to some islands in the Pacific, Indian and Antarctic Oceans. The closest countries to Australia are Indonesia, East Timor and Papua New Guinea to the north, the Solomon Islands, Vanuatu and the French dependency of New Caledonia to the northeast, and New Zealand to the southeast. Its population barely exceeds 24 million inhabitants, who are mostly concentrated in the coastal cities of Sydney, Melbourne, Brisbane, Perth, Adelaide and the capital Canberra.

Australia ranks second in the UN’s Human Development Index, only surpassed by Norway, and is the fourth freest economy according to the Heritage Foundation’s Index of Economic Freedom. It has one of the highest income per capita rankings worldwide - slightly higher than the United States, United Kingdom, Germany and France in terms of purchasing power parity. Australia has a solid and stable economy, with reduced unemployment, controlled inflation, relatively small public debt, and a strong and stable financial system. Its currency is the Australian Dollar (AUD).

Visa Free Travel

With your new passport from Australia you'll be able to access 185 countries visa free
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Taxes

You will be considered a tax resident in Australia if your permanent domicile is in the country or you have been in Australia more than half a given year (unless your place of abode is outside Australia and you don’t intent to reside in the country) or you are an Australian employee.

Tax residents are subject to personal income tax on their worldwide income, whereas non-residents are taxed on their income derived from Australia.

If you hold a provisional visa, you will be considered a temporary resident, and therefore your foreign-source income may not be subject to taxation.

The personal income tax rate is progressive up to 45% for annual income in excess of AUD54,232 (AUD62,685 for non-residents).

An additional tax of 2% applies to income in excess of AUD180,000, both for residents and non-residents.

Capital gains are treated as ordinary income, though if the asset is held by a tax resident (excluding temporary residents) for more than one year, a 50% discount may apply. Nonresidents are also subject to a non-final withholding tax of 10%.

Dividends received from resident companies are taxable income, but a tax offset is usually available to prevent double taxation. For dividends received from foreign sources, a foreign tax credit may be also available. Interests and rental income are subject to taxation at standard rates.

Australia has enacted controlled foreign company (CFC) regulations. Foreign companies controlled by residents that fail the “active income test” (usually when passive income is more than 5%), might have their passive income subject to taxation, whether the income is passed at the personal level or not. Ranges to determine whether a company passes the ‘active income test’ or not, will depend on its jurisdiction of residence.

States and territories levy land taxes. Transfers of assets are subject to a stamp duty at rates up to 5.75%. There is no net worth tax, nor inheritance taxes in Australia.

There is a Goods and Services tax, which applies to transactions of goods and services. The standard rate is 10%.

Regarding corporate taxation, resident entities are subject to a 30% tax on their worldwide income. A reduced tax rate of 28.5% may apply for those companies whose turnover is less than AUD2 million. There are several available tax breaks and exemptions for companies engaging in R&D activities.

Dividends from resident entities are usually entitled to a tax offset. Dividends from a foreign source may be exempted if the parent company holds at least 10% of the shareholding of the payer entity, otherwise they may be taxable.

Capital Gains are treated as ordinary income. An exemption may apply to those from the disposal of shares, if the parent company holds at least 10% of the capital of the subsidiary.

Dividends paid to non-residents may be exempt from withholding taxes, provided that profits were already taxed, otherwise they may be subject to a 30% withholding tax. Payments on interests abroad are usually subject to 10% withholding tax, however certain interests may be exempt. Royalties are usually taxed at 30%. These rates may be reduced or eliminated under a tax treaty.

For further information on corporate taxation, legal framework and tax treaties, check out incorporations.io/australia.

This should not be construed as tax advice. We have access to a global network of qualified attorneys and accountants who can give you the proper advice for your particular circumstances. Contact us for further information.

  • Property tax Yes
  • Transfer tax Yes
  • Inheritance tax No
  • Net worth tax No
  • CFC law Yes
  • Tax residency days 183
  • Personal income tax rate 47%
  • Capital Gains tax rate 27.5%
  • Investment income tax rate 27.5%
  • Territorial taxation No

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