Overview of the tax refund
You may be entitled to a refund of money paid against Division 296 tax liabilities if you meet all of the following conditions:
- You received a departing Australia superannuation payment (DASP).
- You have been assessed for Division 296 tax.
- You have made a payment of any of the following
- assessed Division 296 tax
- a voluntary payment to reduce the debt of a Division 296 tax debt account
- the Division 296 tax debt account discharge liability
- You apply to the Commissioner of Taxation for the refund in the approved form.
Refund of paid Division 296 tax amount
Your refund amount will generally be the sum of compulsory and voluntary payments you made towards any Division 296 tax assessments (including amounts which have been deferred to a Division 296 debt account) while a temporary resident in Australia. The amount of your refund will, however, be reduced to the extent that you have previously received a Division 296 tax refund for amounts you have paid.
If you are an Australian resident, but not a temporary resident, during an income year, and you make a payment towards a Division 296 tax liability for that income year, your payment won't be refunded.
Release from liability
If you are entitled to a refund, the Commissioner may also release you from all current or future Division 296 tax liabilities where you would have been entitled to a refund if you had made a payment. You do not need to apply to be released in this case.
How to apply for a refund
To apply for a refund, you must apply to us in the approved form. The approved form is under development and will be made available in due course.
You must also provide evidence you received a DASP, such as:
- the payment summary provided by your super fund when making the payment
- other evidence clearly demonstrating the payment was made and the reason for the payment.