ATO Community

Re: Claiming DASP after WHV and 457.

Ask a question


Replies 0

Disgusting! Shame on you Australia! I have just had the same problem....Ato applied the tax rate of 65% on the whole amount, even if I held the WHV for 1 year only, 5 years ago, before the new racist law came into force. I paid $12000 taxes out of $19000..I don't have more words to say how disgusting you are....


Replies 11

Hi @JodieH,
One of my best friends went through the same scenario and got taxed at 65% on the full amount claimed in his DASP.
Based on your explanation, it looks like there is a gap in the law as it does not specify (as it should) that the 65% should apply on the amount related to contributions received on a WHM.
I'm surprised there was no request to review/clarify the law before applying it.
Super is already taxed at a concessional 15% at entry. Taxing 6 years of contribution at 65%, for someone that was on a WHM for 1 year, is wrong and unethical.

Could you please advice the process for the tax payer to challenge/appeal this process?


I'm new

Replies 10

Hi Orsi29,


I am in a similar situation (held a working holiday visa for 1 year then a partner student visa for 4) and learnt that I am going to be taxed 65% of my super


Did you have any news about your request? 

Cannot wait to hear from you!




Replies 7

Hi @Orsi29 and @Bram


Whilst you can formally object to some tax/super decisions handled by the ATO, if the application of the 65% DASP tax rate was processed correctly, it looks like it isn't a reviewable ATO decision. The ATO (and subsequently the super funds processing DASPs) are administering the tax and superannuation laws as passed by the Australian government. If you wanted to discuss the DASP amendment Bill (2016) further, perhaps try contacting Treasury.


Side note: the original reform discussion in parliament sought to increase the WHM DASP tax rate to 95%. This was changed to 65% commencing 1 July 2017. Refer here for that backstory.



(Disclaimer - I work with the ATO, but I am here voluntarily, and any thoughts are my own).










Replies 1

Hi By Bram, 

You will be defintely taxed 65% of your super for sure. Ato just did it to me. I tried to speak to them, I reported this situation to a Ato consultant more than 1 month ago, no one has contacted me yet. 

This Country is just able to treat foreign workers as slaves, stealing as much money as it can. How a tax rate of 65% can be applied to the whole amount for a visa (WHV) held for 1 year only!!!! These criminal politicians just disgust me....They always talk about theorical concepts like multicultalism, democrazy in Australia...they are just racist and hypocrite! 

I would like to report this situation, working on a **bleep** against this absurd law. Please let me know if you are in with this...


Replies 0

the word hidden was p.e.t.i.t.i.o.n.


Replies 6

Hi Miccles,

Formally object to some tax/super decisions....Of course! These criminal politicians just steal money without any you reckon is fair to apply a tax rate pf 65% on the whole amount, although I held the WHV for 1 year only?!? I paid more than $12000 tax out of $19000 ..... unbelievable ! 


Replies 1

Hi @pani83


As I work for the ATO and respond here voluntarily from time to time, if I enter a debate about law reform or new laws enacted by federal government, I may jeopardise my situation by not acting in accordance with the Australian Public Service (APS) Values and Code of Conduct.


I'm not here to say what's fair and what's not - I just provide information. Please refer back to my previous post.

I recognise this is a very frustrating situation for you and others.


Take care.






Replies 3

Has anyone considered this:

Move all your super contributions, since the day you moved from your WHV to eg. 457, into a new super fund/account. Now your WHV contributions are in one super, the rest in another.


The rules state that each super must be administrated separately when it comes to DASP, ultimately producing separate payments. Therefore, 65% tax on your "WHV" account, and only 38% on your larger "non-WHV" account.





Replies 0

Re: above, I must add this is NOT any form of tax advice from myself, merely a suggestion/discussion.

Top Solution Authors