Subclass 100 and super withdrawel

[Georgie]

Hi I hoped someone might help. My husband moved to Oz with me and we left in 2009 to come back to uk. He was told by superannuation he could withdraw after being away 5 years. He did withdraw but tax office in Oz charged him 65% in taxes. They told him he was classed as being on a temporary working holiday visa! That's why he paid this otherwise it would have been 38%. However I am confused as research has said if you're a permanent resident you cannot claim until retirement. Well he was permanent but he's not now! Can anyone shed any light on this please? Or if anyone else has been through the same process.thanks

[Nemesis]

1 hour ago, Georgie said:

Hi I hoped someone might help. My husband moved to Oz with me and we left in 2009 to come back to uk. He was told by superannuation he could withdraw after being away 5 years. He did withdraw but tax office in Oz charged him 65% in taxes. They told him he was classed as being on a temporary working holiday visa! That's why he paid this otherwise it would have been 38%. However I am confused as research has said if you're a permanent resident you cannot claim until retirement. Well he was permanent but he's not now! Can anyone shed any light on this please? Or if anyone else has been through the same process.thanks

The only way he could've withdrawn his super is if he was shown as having been on a temporary visa (like a WHV) which would have had to have been cancelled at the time of super withdrawal. And yes, the tax on it is pretty hefty.

If the system had shown him as being on a PR visa like the 100 then he could not have withdrawn hos super till retirement.  Sounds like for some reason the 100 visa was not showing in the system and they thought he only had a WHV. 

[Georgie]

3 hours ago, Nemesis said:

The only way he could've withdrawn his super is if he was shown as having been on a temporary visa (like a WHV) which would have had to have been cancelled at the time of super withdrawal. And yes, the tax on it is pretty hefty.

If the system had shown him as being on a PR visa like the 100 then he could not have withdrawn hos super till retirement.  Sounds like for some reason the 100 visa was not showing in the system and they thought he only had a WHV. 

Thanks for your reply. I am trying to phone immigration in London but always engaged! He defiantly was on a subclass 100 as I checked his old passport. Tax office sent us a cheque for one super though I sent it back stating I couldn't cash it due to bank difficulties and not knowing all I had to do was sign the back of check duh! So now they may not even replace the cheque as it seems there is a mistake on dept of I migrations part. What a palava trying to sort this out. It's not even like it was an option to pay into one. 

[Georgie]

Also don't know why one superannuation was passed to ATO and the other one not. They are both with the same superannuation company. I will give them another call tonight.

[Nemesis]

3 hours ago, Georgie said:

Thanks for your reply. I am trying to phone immigration in London but always engaged! He defiantly was on a subclass 100 as I checked his old passport. Tax office sent us a cheque for one super though I sent it back stating I couldn't cash it due to bank difficulties and not knowing all I had to do was sign the back of check duh! So now they may not even replace the cheque as it seems there is a mistake on dept of I migrations part. What a palava trying to sort this out. It's not even like it was an option to pay into one. 

Have to say in your shoes I would'e done whatever I could to cash it and run. If they identify that he was on a PR visa I will be very surprised if they allow him to withdraw it. We only managed to withdraw my husband's because he was only on a 309. If he had gone as far as getting a 100 he would not have been able to access it.

Don't really understand why you are trying to ring Immigration in London though, the money is coming from the Super company, nt immigration. 

[Georgie]

I was trying to get them to change the visa info they apparently sent to ATO . Anyway i could have cashed the cheque if my bank hadn't have messed up and they didn't tell us we just had to sign the back to cash it! They worded the letter as if the ATO had to do something more with it so we could cash it here. Anyway I would rather my husband got more than 45% of what he is owed too. Even if it means waiting til he's 55. However there could be a loophole. I am waiting for the ATO superannuation specialist to ring me but from what info the guy was reading it could mean that his permanent residency has run out after the 5 years and because it's run out and not renewed or he was never on a whv he may be able to access it. However I need to talk about the tax on it . I will let you know what happens xx

[Nemesis]

1 hour ago, Georgie said:

I was trying to get them to change the visa info they apparently sent to ATO . Anyway i could have cashed the cheque if my bank hadn't have messed up and they didn't tell us we just had to sign the back to cash it! They worded the letter as if the ATO had to do something more with it so we could cash it here. Anyway I would rather my husband got more than 45% of what he is owed too. Even if it means waiting til he's 55. However there could be a loophole. I am waiting for the ATO superannuation specialist to ring me but from what info the guy was reading it could mean that his permanent residency has run out after the 5 years and because it's run out and not renewed or he was never on a whv he may be able to access it. However I need to talk about the tax on it . I will let you know what happens xx

The PR doesn't run out. Only the travel part of the visa expires, the PR visa will continue, and while he holds PR he can't withdraw his SUper.

The only thing I can think of is trying to cancel the PR visa, but even then  I'm not sure he can withdraw it before retirement. If he does, he WILL lose a lot in tax. The only way to avoid that is to leave the money where it is until retirement.