For those in the healthcare sector, it’s important to understand the details of Australian tax laws, especially when it comes to who is considered a spouse. While Australia doesn’t allow married couples to lodge joint tax returns, your spouse’s income can still affect your individual tax assessment. This is crucial for financial planning, particularly in healthcare, where income structures can be complex.
Why Your Spouse's Income Matters
Your eligibility for various tax benefits and liabilities can depend on how much your spouse earns. For example, your entitlement to the private health insurance rebate and whether you need to pay the Medicare Levy Surcharge both depend on your spouse’s income. Other tax offsets, such as the senior and pensioner tax offset, Medicare Levy reduction for families, and tax offsets for those living in specific zones or supporting invalids, are also influenced by your spouse’s financial situation.
Who Counts as a Spouse?
Under Australian tax law, a spouse can be:
For de facto couples, living together is necessary to be considered a spouse for tax purposes. This living arrangement must be real and ongoing, showing a shared life under the same roof.
Common Questions Healthcare Professionals Might Have
What About Overseas Marriages?
If you were married overseas, Australia generally recognises these marriages under the Marriages Act.
What If My Spouse is a Foreign Resident?
If you’re married and your spouse is still overseas due to visa issues, they are still recognised as your spouse under Australian tax law.
You must declare all global income on your Australian tax return. However, if you’re in a de facto relationship and your partner isn’t
living with you in Australia, they won’t be considered your spouse for tax purposes.
What If I Don’t Know My Spouse’s Income?
If you don’t know your spouse’s income—due to delayed tax filings or separation issues—you should make the best estimate based on what you
do know. Acting in good faith can protect you from penalties, though the ATO may adjust your return if they find discrepancies later.
What If My Relationship Lasted Less Than a Year?
If your relationship began or ended during the financial year, you can indicate the relevant dates on your tax return. The ATO will adjust
any tax rebates or surcharges based on this information.
What If I Am Separated but Not Divorced?
For married couples, you’re still considered spouses until your divorce is finalised, even if you’re separated. For de facto couples, you
stop being regarded as spouses once you no longer live together.
Does Cohabitation Need to Be Full-Time?
Some couples, especially those with demanding jobs like healthcare professionals, might live in separate households but still consider
themselves in a relationship. If you spend most nights together and act as a couple, you may still be considered in a de facto relationship
for tax purposes. Being legally married removes any doubt about your status, even if you don’t live together full-time.
Understanding these distinctions is essential for healthcare professionals, especially when managing complex financial arrangements or advising patients on related matters. Proper tax planning and awareness can help you optimise your financial outcomes and avoid potential pitfalls.
