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Micah77(Initiate)Initiate
15 July 2024

Hi,

I am 59, living in the UK but tax resident in Australia (and UK) since 2015.

I have approx $AUS 30,000 in a UK defined contributions pension from a previous UK employment (5 years ago).

I also have AUD 20,000 in a UK defined contributions pension from my current UK employment.


I am returning to Australia to live in February next year and I intend to create a QROPS compliant fund and transfer my UK pension(s) to this fund.


Could you please help me understand if the transfer will be taxable, based on the following advice:


You have to pay income tax on the applicable fund earnings component of a foreign fund transfer. However, none of your foreign super interest is treated as applicable fund earnings if you transfer it to Australia within six months of:

  • becoming a resident of Australia, or
  • your foreign employment terminating.

Does this mean that there will be no tax to pay on the transfer of the Pension fund from my current employment if I do so within 6 months of the employment terminating (even though I have been Australian tax resident for over 10 years)?


And what would be the case if I consolidate my other UK Pensions into my current employer pension before transferring?


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1,280 views
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Most helpful reply

Matt_ATO(Community Support)Community Support
18 July 2024

Howdy @Micah77,


If you transfer your UK pension to an Australian superannuation fund within six months of your foreign employment terminating, the withdrawal is not subject to Australian tax.

  • This favorable treatment applies even if you’ve been an Australian tax resident for over 10 years.
  • Essentially, the applicable fund earnings won’t be taxed in Australia if you meet this timeline.


Consolidating Other UK Pensions:

  • If you consolidate your other UK pensions into your current employer pension before transferring, the same rules apply.
  • As long as the transfer occurs within the specified six-month window, you won’t face Australian tax on the applicable fund earnings.

Remember to ensure that your chosen Australian superannuation fund complies with the necessary requirements and caps.


Double Tax Agreement (DTA):

  • The UK-Australia DTA allows you to avoid double taxation.
  • By obtaining a tax code of zero from HMRC (UK’s tax authority), you can access the benefits of the tax treaty.



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Most helpful reply

Matt_ATO(Community Support)Community Support
18 July 2024

Howdy @Micah77,


If you transfer your UK pension to an Australian superannuation fund within six months of your foreign employment terminating, the withdrawal is not subject to Australian tax.

  • This favorable treatment applies even if you’ve been an Australian tax resident for over 10 years.
  • Essentially, the applicable fund earnings won’t be taxed in Australia if you meet this timeline.


Consolidating Other UK Pensions:

  • If you consolidate your other UK pensions into your current employer pension before transferring, the same rules apply.
  • As long as the transfer occurs within the specified six-month window, you won’t face Australian tax on the applicable fund earnings.

Remember to ensure that your chosen Australian superannuation fund complies with the necessary requirements and caps.


Double Tax Agreement (DTA):

  • The UK-Australia DTA allows you to avoid double taxation.
  • By obtaining a tax code of zero from HMRC (UK’s tax authority), you can access the benefits of the tax treaty.



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