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Happy travels but super has to stay put

I am 52 and finalising a divorce. I am looking at leaving Australia and not returning or working in Australia again. How do I go about obtaining my superannuation?
By · 3 Jul 2013
By ·
3 Jul 2013
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I am 52 and finalising a divorce. I am looking at leaving Australia and not returning or working in Australia again. How do I go about obtaining my superannuation?

Monica Rule, author of The Self Managed Super Handbook, points out that there is no legislative provision that permits Australian residents or citizens to access their superannuation on the basis that they have left the country. For example, an Australian citizen who is 37 and decides to leave the country permanently will be unable to access their superannuation until they meet a condition of release such as retirement, temporary and/or permanent incapacity or death.

If the person entered Australia under a temporary resident visa, they may be able to access their superannuation when they leave Australia under the Departing Australia Superannuation Payment (DASP) provisions. The tax-free component is paid tax-free; the taxable component is subject to withholding tax at 35 per cent.
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Frequently Asked Questions about this Article…

No. There is no legislative provision that allows Australian residents or citizens to access their superannuation simply because they leave the country. You must meet a recognised condition of release — for example retirement, temporary or permanent incapacity, or death — before you can withdraw your super.

If you are an Australian citizen or permanent resident, leaving Australia does not by itself allow you to withdraw your super. You can only access it once you satisfy a condition of release such as retirement, incapacity, or death.

The DASP (Departing Australia Superannuation Payment) is a way for people who entered Australia on a temporary resident visa to access their super when they leave the country. It applies to eligible temporary residents, not to Australian citizens or permanent residents who simply emigrate.

Under DASP rules the tax-free component of the super is paid tax-free. The taxable component is subject to withholding tax at 35 percent.

For DASP claims the tax-free component of your super is paid tax-free. Any taxable component of the balance is subject to a 35% withholding tax before payment.

No. Age or personal circumstances such as divorce do not automatically allow you to withdraw your super when you leave Australia. You still need to meet an accepted condition of release (for example retirement or permanent incapacity) to access superannuation.

Monica Rule, author of The Self Managed Super Handbook, is quoted explaining that there is no legislative right for residents or citizens to access super simply because they leave Australia, and she outlines how DASP applies to temporary residents.

Key points: leaving Australia does not let Australian citizens or residents withdraw super unless they meet a condition of release; temporary residents who leave may be able to claim DASP; the tax-free component under DASP is paid tax-free while the taxable component is withheld at 35%; always confirm your visa status and eligibility before assuming you can access funds.