Hello all. I thought I'd share some information I've received from our Legal/Compliance Manager (I work for
AAS, who manage 3.5 million super fund members in Australia)... BTW I'm not an expert in superannuation.
Most of this is nothing new, I've just posted here for info.
I've asked our Compliance department to let me know if any of our funds have applied for QROPS, and will post when I hear back.
Something to note is that, as part of the Budget released yesterday, the Aus government intends to remove the RBL (reasonable benefit limits). This is still at the planning stage, but is a core part of the broader push to simplify the superannuation "regime" in Aus.
Cheers,
Ian
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An Australian Resident Regulated Complying Superannuation Fund can accept monies from an overseas superannuation fund, however this may vary depending on the rules of the overseas fund. Before making any arrangements to transfer benefits to an Australian fund the member will need to contact their old fund to ensure that the benefit can be transferred and we would strongly recommend the member seek independent financial &/or tax advice before making arrangements to transfer the benefit.
There are some specific provisions governing the transfer of monies from an overseas fund to an Australian fund. Briefly;
Transfers of overseas superannuation benefits may be taxable depending on the time the person has been a resident of Australia. If the transfer of benefits is made within 6 months of coming to Australian there is no tax on the transfer. However, if the transfer occurs after the person has resided in Australia for more than 6 months, then the increase in the benefit since arrival in Australia may be:
i) included in the taxable income of the person and taxed at their normal marginal rate, or
ii) the person can elect for all or part of the benefit to be taxed in the Australian fund as a taxable contribution (tax deducted at the concessional rate of 15%).
For that part of the benefit the member makes an election, it will not qualify as an undeducted contribution and will typically form part of the member's pre/post June 1983 component
and will also count towards the person's Reasonable Benefit Limit (‘RBL’). If an election is not made, then the benefit transferred will generally be treated as an undeducted contribution in the Australian fund.
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