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BoyOliver(Newbie)Newbie
13 Dec 2022

Hi,


Hoping somebody can help answer the below query around the % of tax I will pay on my Super when leaving Australia.


I arrived in Aus in 2017 as a WHM and had super contributions put into an MLC Super fund I set up. I then moved onto a TSS 482 Visa for 4 years and my new employer continued to contribute to the same Super Fund.


I understand my WHM earnings will be taxed at 65% before I get the remaining super back on Leaving Australia, but what will the super whilst on my 482 Visa be taxed at.


If this is also taxed at 65%, is there any way of distinguishing between the two visa, so as not to pay a the WHM tax rate when clearly not on that visa.


Thanks,

Ollie

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CaroATO(Community Support)Community Support
15 Dec 2022

Hi @BoyOliver,


If you're applying to withdraw your super under DASP your fund will determine which tax rate applies. They should be able to work out which contributions were made for each visa type you had. However, if all your Super is with the same fund, then they will apply the WHM rate to the entire DASP if any of the contributions were made when you held a WHM visa. You can read more about DASP tax for WHM's on our website.

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Most helpful reply

CaroATO(Community Support)Community Support
15 Dec 2022

Hi @BoyOliver,


If you're applying to withdraw your super under DASP your fund will determine which tax rate applies. They should be able to work out which contributions were made for each visa type you had. However, if all your Super is with the same fund, then they will apply the WHM rate to the entire DASP if any of the contributions were made when you held a WHM visa. You can read more about DASP tax for WHM's on our website.

BoyOliver(Newbie)Newbie
15 Dec 2022

Thanks for getting back to me on this @CaroATO


Just to clarify, all my super contributions have been made into the same fund since I moved to Australia, this included when I arrived as a WHM as well as the current 482 TSS Visa I am now on. Is it the case that all my super will be taxed at 65% because the find was initially set up with my WHM visa?


Pretty disappointing that there is no information given this will happen at the time.


Hoping you can advise what is the best course of action to get a rebate of the super contributions that were made after my WHM visa expired and how do I avoid being taxed at the higher rate on any forthcoming super contributions?


Many thanks,

Ollie



JodieR_ATO(Community Support)Community Support
16 Dec 2022

Hi @BoyOliver,


If you've received contributions into your super fund from when you were on a WHV and changed visas, the law doesn't allow for apportionment,. you can view this from the link provided. You can request to open a new member account with your super fund once you're on a new visa. However, if this didn't or doesn't happen, the fund will apply WHV DASP tax rate to all contributions in the account at the time the member withdraws the amount.

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