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25 Mar 2023

In the 20-21, 21-22 & 22-23 tax years I had too much withholding tax held back by the share registrar for dividends distributed to me. Thus, this post applies to previous and current tax years.


I have submitted the form NAT 75265-10.2020 Refund of over-withheld withholding application back in August 2022 with supporting evidence.


According to the following document, the ATO will process the refund in 28 days. I waited 6 months for a response despite calling to follow-up.


https://www.ato.gov.au/misc/downloads/pdf/qc45331.pdf


The response was that I need to amend my previous years income tax returns to claim any refund I am owed. I can’t believe this is correct given there is a form specifically for this and the advice on the ATO website is quite clear.


For the current tax year, the registrar, Link Market Services, is refusing the refund the tax despite months of back-and-forth and telling me the ATO has to refund it – which is wrong (see document linked above).


I am owed this money and neither the ATO nor the registrar has provided a correct or appropriate response. When I phone the ATO, the person on the end of the line doesn’t seem to understand what withholding tax even is.


Seeking advice and resolution.


Thank you.

836 views
7 replies
836 views
7 replies

Most helpful response

Most helpful reply

AriATO(Community Support)Community Support
5 Apr 2023

Hi @Taxtastical


When you have TFN withheld amounts its because the share registrar didn't have your TFN or ABN.


The tax return instructions say to add the TFN withheld amounts to your unfranked dividends. You should then be able to continue with your return.


Look at the info for dividend statement under things to know.

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Bruce4Tax(Taxicorn)Taxicorn
26 Mar 2023

If the amount was included in the relevant tax returns, then you have had it already.


If not, then you need to amend each tax return.


The form you sent in is only for non-residents.


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