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C_F(Newbie)Newbie
25 Nov 2021

Hi, I was on the working holiday 417 visa for 6 months, then went on a bridging visa for a few months then moved to the TSS 482 visa. When my visa changed to the 482 visa, my super was automatically transferred to another fund, which is what is currently in place. My understanding is that on leaving Australia, my super will be taxed at 65%. But since I know the contributions made into the fund before my visa was transferred, is it possible to pay the 65% on those contributions and 35% on the remaining amount? Especially interested in light of recent High Court ruling on inequitable tax rates. Thanks, Cillian

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Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response26 Nov 2021

Hi @C_F


If any contributions in your super fund are paid under a working holiday maker (WHM) visa, then the total balance of your DASP from that super fund would be paid under the WHM tax rates.


One way you can help separate your "super earned on a WHM visa" is by opening a separate account with a different fund. This is because the funds individually determine the tax rate.


We recognise the High Court decision in the matter of Addy v Commissioner of Taxation, but this only impacts income tax rates on income tax returns. Departing Australia superannuation payments have a final tax, which is slightly different. Your tax residency doesn't impact this (which is what Addy v Commissioner of Taxation was about).


But, we are considering the decision and what impacts it may have. We will give further advice on the topic once we make a decision on how the decision may impact others.

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Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response26 Nov 2021

Hi @C_F


If any contributions in your super fund are paid under a working holiday maker (WHM) visa, then the total balance of your DASP from that super fund would be paid under the WHM tax rates.


One way you can help separate your "super earned on a WHM visa" is by opening a separate account with a different fund. This is because the funds individually determine the tax rate.


We recognise the High Court decision in the matter of Addy v Commissioner of Taxation, but this only impacts income tax rates on income tax returns. Departing Australia superannuation payments have a final tax, which is slightly different. Your tax residency doesn't impact this (which is what Addy v Commissioner of Taxation was about).


But, we are considering the decision and what impacts it may have. We will give further advice on the topic once we make a decision on how the decision may impact others.

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DASP after moving from 417 visa to 482 visa | ATO Community