How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TonyTax Your Own Question

TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15764
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
13905389
Type Your Tax Question Here...
TonyTax is online now

I have an Australian Superanuation Pension Fund which is relating

Resolved Question:

I have an Australian Superanuation Pension Fund which is relating to my residence and employment in Australia from March 1994 to March 1999, i was a permanent resident there working for an Australian company and paying Australian tax, I transfered to Australia from Thailand where I had also worked for 5 years, and prior to that Malta, all in all I was an expat for 13 years, I left Australia in 1999 and came back to live in the UK, Under Australian laws I can access my superannuation/pension money as a tax free lump sum payment or I can drawdown as a pension income also tax free. What I need to know is would I be taxed in the UK if I took either option ?, I understand that I may be able to claim/receive this money free of tax under the exemption ESC A10 based on situation, however I am really not sure and HMRC does not give me any answer to this ?
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi.

Did you stop working for the Australian employer before you came back to the UK?
Customer: replied 1 year ago.

yes i did

Expert:  TonyTax replied 1 year ago.
Thanks.

Leave this with me while I draft my answer.
Customer: replied 1 year ago.

Ok Thanks

Customer: replied 1 year ago.

Oh Yes I forgot to mention, My Australian Superannuation/pension is Under Australian Law TAX free once i reach the age of 60 years, I am not 60 yet but will be very soon hence the reason for me making enquiries now. thanks

Expert:  TonyTax replied 1 year ago.
Hi again.

Article 17 of the UK/Australia tax treaty here deals with pension income. As a UK resident, any pension income (as opposed to a lump sum) you receive will be taxable in the UK.

ESC A10 here gave relief from UK for lump sums paid out from foreign pension funds depending on the length of service and the proportion of that service carried on outside the UK.

ESC A10 was enacted into legislation with effect from 6 April 2011 as you will see here and here. As far as I can see, given that you pension fund appears to relate 100% to working outside the UK, any lump sum you take should be UK tax free. Although ESC A10 no longer exists, it effectiveness applies to pension rights accrued before 6 April 2011 so you would appear to be covered by both the old and new rules.

If I were you, I would ask HMRC for one of their technical sections that specialises in foreign pensions to look at your situation. Your letters may have been passed to such a section and it can take some time to get a response. It's worth chasing them again.

I hope this helps but let me know if you have any further questions.
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15764
Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.
TonyTax and other Tax Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
< Previous | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Sam

    Sam

    Accountant

    Satisfied Customers:

    7088
    26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TA/Tax Expert/2013-8-21_231010_sam.64x64.jpg Sam's Avatar

    Sam

    Accountant

    Satisfied Customers:

    7088
    26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
  • http://ww2.justanswer.com/uploads/BI/bigduckontax/2013-8-12_222058_1.64x64.jpg bigduckontax's Avatar

    bigduckontax

    Accountant

    Satisfied Customers:

    2333
    FCCA FCMA CGMA ACIS
  • http://ww2.justanswer.com/uploads/TA/TaxRobin/2013-8-28_16186_femalebusinessprofessionalbinderhand11038485.64x64.jpg TaxRobin's Avatar

    TaxRobin

    Tax Consultant

    Satisfied Customers:

    524
    International tax
  • /img/opt/shirt.png taxadvisor.uk's Avatar

    taxadvisor.uk

    Chartered Certified Accountant

    Satisfied Customers:

    2845
    FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
 
 
 

Related Tax Questions