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Contributions NOT made under WHM visa but have held the visa previously - how will I be taxed?

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This question might have gone through before but my situation is a bit different.

So I was on a WHM visa between 2013-2014 and was using Essential Super as my super fund. I returned to my home country at the end of 2014 and also applied for a DASP and got refunded.

Since situations changed in life and I ended up back in Australia in 2016 (NOT on a WHM visa), I opened up a super fund with Essential Super yet again, but the balance was 0 and essentially it was a new account because they welcomed me to the account etc. Also the super statement shows that the contributions were made starting from 2016. 

Now I've left Australia unfortunately again and would like to claim my DASP but the ATO has advised me in the process that since I have held a WHM visa I might be taxed at 65%. Although no WHM contributions are in the latter claimable DASP, I am confused to wether I will be taxed at 65% or not.

I have read that the super fund essentially decides upon the % by which the DASP will be taxed at. But will they just blindly rely on what the ATO has provided them (that I have held the WHM visa) or will they actually compare the super statement to the provided information and tax me at the correct amount, which would be 35%.

I have tried contacting the ATO through email and phone. No answer on email after 2 months of waiting and customer support promised that a specialist will contact me in 48h but it was now been a week and I have heard nothing.

I want answers because this situation is a very gray area and should be explained better. I feel like I am being ripped off because of this. Also don't forward me to any ATO support lines, because they're useless and don't say that I have to contact my super fund to find the answer. This should be known by the ATO because they are ultimately the ones enforcing this and sharing the information with the super fund. I'm pretty sure the ATO knows how the process works and the results it produces.

Looking forward to anyones reply.

Thank you.




Community Moderator

Replies 0

Hi @dave80,

We are very sorry that it has taken so long to provide you with a response.

Can you please advise if you still need information on this matter?