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JS-Prod(I'm new)I'm new
29 July 2025

I am a Canadian citizen, I spent 6 years in Australia, one of which was as a WHM. I realised that my entire super would be taxed at a rate of 65% so I reached out to my super fund and the ATO (over the phone) to enquire about work arounds that would allow me to keep more of my money.


I was given a solution and I am writing today to confirm that the advice I was given by both the ATO phone rep and my super fund are, in fact, correct and viable.


My super fund suggested that as a work around to paying the 65% DASP, I could instead maintain the fund until I am 60 years old. They said as long as I maintain an Australian bank account and make an annual contribution, the fund will remain active and grow.


I then called the ATO to confirm that this is a legal route for a non-citizen/non-resident to take. I was there told there is no issue with this approach.


I read something today which mentioned that tax rates (the WHM 65%) still apply to any withdrawals made on the account, even upon reaching the age of maturity for tax free withdrawals (60/65 I cant remember).


I am writing today seeking a definitive answer to my questions: Can I legally maintain my super fund as a non-citizen/non-resident, and if so, what tax rates would apply to access it upon reaching 60/65 years old?

707 views
3 replies
707 views
3 replies

All replies

YEP(Devotee)Devotee
29 July 2025

If you want a definitive answer that you can rely upon then your going to have to write to the ATO and ask for Adminsitratively Binding Advice, because anything else is not binding on the ATO and you won't be able to use it as a reference if it doesn't turn out.


https://www.ato.gov.au/about-ato/ato-advice-and-guidance/ato-advice-products-rulings/administratively-binding-advice

JS-Prod(I'm new)I'm new
29 July 2025

Thanks so much for that! I'll definitely send one of these applications off! I'm still curious to see what the response I get on here is.

JayATO(Community Support)Community Support
7 Aug 2025

Hiya @JS-Prod


You absolutely can maintain your super account as a non resident. Keep in mind, your super fund will be charging fees. These fees might add up to more than the extra tax, depending on how much you have in the fund, how long until retirement age etc.


There may still be tax on withdrawal of your super after retirement age, depending on the make up of the funds in your account. You will have a taxed and an untaxed element which are treated differently.


Your marginal tax rate as a foreign resident starts at 30% for the 2026 financial year, this is subject to change, something to keep in mind.


Ultimately all of this is possible and legal but we would recommending seeking financial advice to work out if it is the best option for you.

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Non-citizen maintaining superannuation fund after departing Australia | ATO Community