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Claiming DASP

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Replies 13

I'm really confused whether I'm eligible for DASP or no. I was a holder of Permanent Resident Visa but it expired back in 2013. I'm not eligible to extend my visa nor re-apply for permanent resident visa. I have left Australia in 2007 and haven't return since. But I still have my Super in Australia. Can I claim DASP? If I'm not eligible to claim DASP, for what reason ATO is preventing a non-citizen who has no intention to return to Australia from claiming his super? I'm trying to understand why ATO is treating permanent resident visa and temporary resident visa differently in regards to claiming DASP. Both visas can expire and can be cancelled by the Immigration. Holders of either visa are both non-citizen.

 

I'm asking this because I received a mixed information from various sources. Some said that if the Immigration cancelled my permanent resident visa or I can no longer extend it, I can claim DASP. Even ATO staffs that I spoke to on the phone, gave conflicting information. So, this is really confusing.

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Most helpful response

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Replies 1

@BenBR I couldn't download the private ruling PDF form Private ruling application (NAT 74957, PDF 1.38MB). I received and error message "If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting their website." I already have the latest version of Adobe Reader for Windows. Is there any other ways I can get this form?

13 REPLIES 13

Megastar

Replies 12

Hi @ELie,

 

Sorry to hear you've received mixed info on this. Please refer here for DASP eligibility. I'll try to clarify in a bit more detail below.

 

Super fund balances and DASP:

Former temporary residents who have become permanent residents of Australia, or an Australian or New Zealand Citizen, are not eligible for the Departing Australia Superannuation Payment (DASP).

 

A permanent resident is the holder of a permanent visa under the Migration Act 1958 that has not ceased to be in effect.

However, if the individual has left Australia and the permanent visa ceased to be in effect (for example, it has expired), and the individual has held a temporary visa which has also ceased to be in effect, then the individual would be eligible.

 

If the individual has only ever held a permanent visa and not a temporary visa, then the individual is not eligible for a DASP, even when the permanent visa has ceased to be in effect.

 

ATO-Held super balances can be a little different again, however I won't go into this as it doesn't sound like it relates to your situation.

 

Now that your permanent visa has expired, the eligibility for DASP looks like may depend on whether or not you have held a temporary visa at any stage. I hope the above info provides a little clarity.

 

Thanks, Michael

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Replies 5

Hi @BenBR, thank you for the reply. What is considered as temporary visa? Since my permanent visa expired, I have no other visa. But if I apply for a tourist visa now, can that be considered as temporary visa? Or is it different to the temporary visa you mentioned?

 

Prior to having a permanent visa back in 2002, I held a student visa which was a temporary visa. I had a student visa from 1988 until 1997. I then applied and received permanent resident visa in 2002 and it expired in 2013. Since 2013, I don't have any other visa. Can I claim DASP in this situation?

 

Megastar

Replies 4

Hi @ELie,

Thanks for following up! As your situation extends back over many years and you've held multiple visa types over this period, we'd suggest applying for a private ruling.

 

Private rulings are written advice from us on how we think tax and super law applies to your specific circumstances. They're a free service, and we usually reply within 28 days of receiving your request.

Thanks

Most helpful response

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Replies 1

@BenBR I couldn't download the private ruling PDF form Private ruling application (NAT 74957, PDF 1.38MB). I received and error message "If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting their website." I already have the latest version of Adobe Reader for Windows. Is there any other ways I can get this form?

Former Community Support

Replies 0

Hi @ELie,

 

Sorry to hear you're having trouble using the PDF viewer to access the private ruling application.

If you're unable to use the online version, click the 'download' button (the page with a downwards arrow icon in the top right of the screen) and save to your hard drive - you can complete the application on your computer and print and post it to Australian Taxation Office, PO Box 3000, PENRITH NSW 2740. 

Thanks!

I'm new

Replies 1

Hi Michael,

 

I am in a similiar situation.

 

I was a permanent resident in Australia until 1998, when I then returned to South Africa. My permanent residency has now ceased to be in effect, and I did return to Australia in the early 2000's on a business visa.

 

I have discovered that I still have a significant amount of money in my super fund in Australia.

 

What would you suggest is the best course of action in regards to withdrawing my superannuation?

 

Regards,

 

Matt

Former Community Support

Replies 0

Hi @diaryofmatt,

 

Welcome to our Community!

 

We can provide general information here on our Community and generally a super fund can only pay super benefits to a member when they have meet their preservation age and meet a condition of release. If you don't meet the DASP eligibility, you'll need to meet another condition of release within your super fund. 

 

You can find information about conditions of release on our website, or you can discuss your options directly with you super fund.

 

Thanks, JodieH.

 

 

I'm new

Replies 1

Hi Ben,

 

Thanks for your guidance thus far. 

 

My wife and I are permanent residents who held student visas that lapsed before attaining PR.  

 

My understanding from the above is that we can claim DASP if we let our current PR visa lapse.  If this is the case are we eligible to claim DASP for all super acculumulated or only the super that was accumulated on the temporary student visa before PR?  

 

Thank you very much! Smiley Happy

ATO Community Support

Replies 0

Hi @GraemeL,

 

If you still have a PR visa it would need to be cancelled or expired prior to being eligible to claim a DASP online. As @MichaelP advised in an earlier post on this thread -

'Former temporary residents who have become permanent residents of Australia, or an Australian or New Zealand Citizen, are not eligible for the Departing Australia Superannuation Payment (DASP). A permanent resident is the holder of a permanent visa under the Migration Act 1958 that has not ceased to be in effect.

 

However, if the individual has left Australia and the permanent visa ceased to be in effect (for example, it has expired), and the individual has held a temporary visa which has also ceased to be in effect, then the individual would be eligible.'

 

We recently answered a similar post on our website, you can view our response here.

 

All the best.