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rajza789(Newbie)Newbie
7 Jan 2025

Hello.


Despite extensive research on various tax accountants websites and this one, I have not been been able to find a definite answer to my question. It is a follows:


I am a dual US/Australian citizen and will be returning to Australia in July 2025. When working in the US, I was contributing towards a 401k account.


I am now retired (63 years old) and am planning on taking monthly withdrawals soon after returning to Australia. This will mean that I will be considered a tax resident of Australia.


As an example of calculating how the 401k will be taxed, let me provide an example below:


Total 401k amount in account is 100,000 USD. Contributions were 60,000 and gain is 40,000. These amounts are before I move to Australia. One year after moving to Australia, the total amount in the account is 105,000 USD. So I gained 5000 USD after becoming a tax resident.


From what I have read on this site and other tax accountant websites, I will only pay tax on any gains earned AFTER I move to Australia. So once I move to Australia and file a tax return, I only need to declare the 5000 USD and the gain - is this correct?


Thank you in advance for any assistance that you may provide.

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KylieATO(Community Support)Community Support
19 Jan 2025

Hi @rajza789,


As you have discovered this is a complex topic!


Sounds like you might need a private ruling but have a chat to our Early engagement team, they will be able to advise you on the best action to take.

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KylieATO(Community Support)Community Support
19 Jan 2025

Hi @rajza789,


As you have discovered this is a complex topic!


Sounds like you might need a private ruling but have a chat to our Early engagement team, they will be able to advise you on the best action to take.

rajza789(Newbie)Newbie
23 Feb 2025

Hello Kylie.


Thank you for your response. However I am not sure I agree that my question requires engaging the early engagement team. If you look at the threads


https://community.ato.gov.au/s/question/a0JRF000002pMrl2AE/p00356178?referrer=a0N9s000000Dac8EAC


and


https://community.ato.gov.au/s/question/a0JRF000000gqbh2AA/p00271880?referrer=a0N9s000000DacCEAS


and


https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/foreign-super-funds/withdraw-a-lump-sum-directly-from-a-foreign-super-fund#Applicablefundearnings


we are all asking the same question. It seems from the last link that the answer is that the interest we earn since we became Australian Tax Residents is taxable. A cut and paste from the last link if exactly what I was asking, although I may not have asked it correctly:


Example: applicable fund earnings and becoming an Australian resident

In June 2015, Hassan left Australia and worked overseas. During this time, he contributed to a foreign super fund. In July 2018, Hassan returned to Australia and immediately again became an Australian resident for tax purposes. At this time, his foreign super interest was valued at $12,000.

In February 2019, Hassan decided to transfer the balance of his foreign super fund to himself. The value of his super interest was then $13,500, of which $1,500 was earned since he became an Australian resident. The $1,500 represents applicable fund earnings that Hassan is required to declare in his tax return. He does not have to include the $12,000 in his assessable income.


Any thoughts on this?



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