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Posted

I had a letter from the ATO recently, after living in Thailand for 8 years, that said I owed them over $600 from 2009. No explanation as to why or how I owed the money, and a rather cryptic letter that said that they (ATO) wouldn't pursue the matter, but the debt would continually accrue compound interest. The only thing I could think of was the sale of my house in 2009 where around $350,000 was paid into my account. I ended up paying the debt, purely because if I returned in years to come I didn't want to be hit with an enormous bill. I tried to get the ATO to confirm that the $600 was all the money owed, that there was no tax to be paid on bank interest etc since 2009, but they never replied.

  • Like 1
Posted
58 minutes ago, giddyup said:

I had a letter from the ATO recently, after living in Thailand for 8 years, that said I owed them over $600 from 2009. No explanation as to why or how I owed the money, and a rather cryptic letter that said that they (ATO) wouldn't pursue the matter, but the debt would continually accrue compound interest. The only thing I could think of was the sale of my house in 2009 where around $350,000 was paid into my account. I ended up paying the debt, purely because if I returned in years to come I didn't want to be hit with an enormous bill. I tried to get the ATO to confirm that the $600 was all the money owed, that there was no tax to be paid on bank interest etc since 2009, but they never replied.

Is it any wonder why people hate the taxman. 

  • Like 1
Posted
13 hours ago, kkerry said:

My previous accountant after two years asked me to decide about my residency. If I (living in Thailand) had decided to continue paying tax like I was still living in Australia, then he said he could no longer be my accountant as it would create problems for him. I'm sure there are other accountants who wouldn't care but he did and so would my current accountant. If you stay legal then you can pay a lot more tax. It's not only the zero income base but it does impact things like franked share dividends and land tax. You do get out of paying the Medicare levy but that's about the only benefit. Overall, tax wise, I'm worse off living in Thailand than Australia but I wanted to stay legal and I wasn't prepared to dispose of my assets and investments in Australia. I know people who still pretend to the ATO they live in Australia but I don't.

Not sure I completely understood your post.

 

Are you saying you are better off retaining your residency as an Australian while living in Thailand.

 

Fully franked dividends are subject to no tax is your a foreign resident.

 

If you have a property that you own  (are paying off), yes its 32.5c in the $, plus full capital gains tax from the day you departed for Thailand.

 

There are a lot of emu's here in Thailand with their heads int he sand, the ATO is a money making machine, and we expats are small crumbs to them, but will have to answer to them when the time comes, suffice to say that's why I weighed everything up, flicked the property and put the $'s into fully franked dividends and receive a great return on my money and pay no tax.

 

Holding onto the property and Australian residency would have been a headache and was not sustainable when I weigh up what I am getting in return from my shares invested, I don't vote anymore and I don't pay the Medicare levy, and when I returned recently after 18 months away with the family, Medicare still reimbursed us all for the doctors and specialists we saw, whether that had to do with the tax return we did lodged in 2017 for the 2015/2016 financial year having a company structure, I don't know, but other have stated that as long as you go back and use it before the 5 year period is up, your covered.

 

I really wish everyone living in Thailand and anywhere else in the world who believe they are Australian residents living overseas for more than 183 days all the luck they deserve, but for me, I think they missed the bigger picture, i.e. all you have to do is return two years prior to your OAP age, apply, get your pension and depart again, think of all the tax you would have saved as a non resident over those years before you, think your laughing all the way to the bank, because things don't appear to be what they are until you do the detailed analysis IMO, however if you have no back up $'s in the 1st place, you might just be better off doing it the way your doing it ?

Posted
2 hours ago, giddyup said:

I had a letter from the ATO recently, after living in Thailand for 8 years, that said I owed them over $600 from 2009. No explanation as to why or how I owed the money, and a rather cryptic letter that said that they (ATO) wouldn't pursue the matter, but the debt would continually accrue compound interest. The only thing I could think of was the sale of my house in 2009 where around $350,000 was paid into my account. I ended up paying the debt, purely because if I returned in years to come I didn't want to be hit with an enormous bill. I tried to get the ATO to confirm that the $600 was all the money owed, that there was no tax to be paid on bank interest etc since 2009, but they never replied.

If you earned interest in the bank as a foreign resident, it would be upon you, if you are a foreign resident to notify the bank to withhold 10% from your account. If you are an Australian resident, it is also upon you to lodge your tax return declaring what interest you earned and pay it, NEVER leave yourself open with the ATO, they are a BIG machine with the weight of the law on their side, you should pursue the matter before you find you have a bigger bill coming your way, me personally, I don;t like surprises, especially from the ATO.

 

Good Luck

Posted
23 hours ago, ELVIS123456 said:

I hear you mate - hope things work out for the better. We dont have kids so that makes it easier. But it is a few years away and those bastards in Govt will undoubtedly make more changes before then.

 

Good luck finding that block of dirt for sale near beach within 2 hours of Sydney :smile:

Unless of course you have a few million spare :partytime2:

 

 

 

My background for the past 25 years, prior to the 2 years I have been living here, was property, i.e. real estate and property valuation.

 

Sanctuary Point from the data bases that I still have access to too, still give you under $300k sales, sure inland, but within 10 minutes walk of the beach.

 

Personally would do as your suggesting, rent, don;t want to have money tied up in property anymore as the stock market can give you great returns and move in within seconds.

Posted
7 minutes ago, 4MyEgo said:

If you earned interest in the bank as a foreign resident, it would be upon you, if you are a foreign resident to notify the bank to withhold 10% from your account. If you are an Australian resident, it is also upon you to lodge your tax return declaring what interest you earned and pay it, NEVER leave yourself open with the ATO, they are a BIG machine with the weight of the law on their side, you should pursue the matter before you find you have a bigger bill coming your way, me personally, I don;t like surprises, especially from the ATO.

 

Good Luck

I paid what they said I owed, I asked (twice) by letter if there were any other monies owed without getting a response. Not going to keep writing letters if they don't have the good manners to reply. I believe that re the wording of the initial letter from them that they don't pursue debts if the  debtor is living overseas, at least not for small amounts, as in my case. Doesn't mean they write them off, it's just not feasible to force people to pay when they are abroad.

Posted
30 minutes ago, giddyup said:

I paid what they said I owed, I asked (twice) by letter if there were any other monies owed without getting a response. Not going to keep writing letters if they don't have the good manners to reply. I believe that re the wording of the initial letter from them that they don't pursue debts if the  debtor is living overseas, at least not for small amounts, as in my case. Doesn't mean they write them off, it's just not feasible to force people to pay when they are abroad.

They have either just introduced or are about to introduce fines for returning HECS dodgers - the people that leave the country to work overseas and never pay back their (university fees) HECS debt.  This is a popular strategy with dual citizens.  Now if/when they do come back to Oz they get a fine on top of the original debt + accrued interest.   

 

I could see this easily being extended to those owing money to the ATO in cases such as yours.

Posted
Just now, moojar said:

They have either just introduced or are about to introduce fines for returning HECS dodgers - the people that leave the country to work overseas and never pay back their (university fees) HECS debt.  This is a popular strategy with dual citizens.  Now if/when they do come back to Oz they get a fine on top of the original debt + accrued interest.   

 

I could see this easily being extended to those owing money to the ATO in cases such as yours.

Solution is....never return.

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Posted
2 minutes ago, giddyup said:

Solution is....never return.

Not sure that is a good bridge to burn. There are many reasons why we may need to return in the future.

Posted
Just now, halloween said:

Not sure that is a good bridge to burn. There are many reasons why we may need to return in the future.

Wasn't being serious. As an Australian citizen you are free to come and go as you please.

Posted
1 hour ago, giddyup said:

I paid what they said I owed, I asked (twice) by letter if there were any other monies owed without getting a response. Not going to keep writing letters if they don't have the good manners to reply. I believe that re the wording of the initial letter from them that they don't pursue debts if the  debtor is living overseas, at least not for small amounts, as in my case. Doesn't mean they write them off, it's just not feasible to force people to pay when they are abroad.

TBH, I'm surprised that the letter saying you owed money didn't say why or where it was from.

They usually state from what year and how it occurred.

 

Yep, they don't chase small debts, particularly overseas. But if you lodge tax returns and get a credit, they will take it from that.

 

I would've done what you did though, just paid it. Although I still would've asked where it originated from.

Posted

Has anyone been thru' the loops with ATO on resident /non resident status in regards Thailand and the dodgy position most of us are in. We may well have visas / extensions solely and the discretion of the Thai government, but we aren't secure and could be outed at any time. We certainly are not residents - just holders of a visa or an extension to be here,  90 day reporting, renew extension if we depart and return etc. 

Any thoughts or comments? 

Posted
24 minutes ago, Artisi said:

Has anyone been thru' the loops with ATO on resident /non resident status in regards Thailand and the dodgy position most of us are in. We may well have visas / extensions solely and the discretion of the Thai government, but we aren't secure and could be outed at any time. We certainly are not residents - just holders of a visa or an extension to be here,  90 day reporting, renew extension if we depart and return etc. 

Any thoughts or comments? 

They don't take away your Oz citizenship when you lose resident status, so you can go back any time you want / need to.   If you were not a citizen to begin with but just had permanent residency, that's different.  But you would hold citizenship somewhere in the world in that case, and have somewhere to go should things go belly up in Thailand.  

 

There have been plenty of dual citizens and those who never took out citizenship (ten pound Poms, New Zealanders) sent "home" after certain jail sentences / offences, no matter how long they have lived in Oz.  And If you go and fight in Syria AND have dual citizenship they can / will take your Oz citizenship off you and tell you to "piss off back to where you came from".  But those are special cases.  :smile:   

 

 

Posted
2 minutes ago, moojar said:

They don't take away your Oz citizenship when you lose resident status, so you can go back any time you want / need to.   If you were not a citizen to begin with but just had permanent residency, that's different.  But you would hold citizenship somewhere in the world in that case, and have somewhere to go should things go belly up in Thailand.  

 

There have been plenty of dual citizens and those who never took out citizenship (ten pound Poms, New Zealanders) sent "home" after certain jail sentences / offences, no matter how long they have lived in Oz.  And If you go and fight in Syria AND have dual citizenship they can / will take your Oz citizenship off you and tell you to "piss off back to where you came from".  But those are special cases.  :smile:   

 

 

Don't follow your reply.

Talking about tax not immigration, 2 completely different functions. 

Posted
7 minutes ago, Artisi said:

Don't follow your reply.

Talking about tax not immigration, 2 completely different functions. 

Right, misunderstood the question sorry.   

 

Why should the ATO care what your status is elsewhere in the world would be my take.  They just say you are resident or you are not resident - of Australia.  Then you lose some privileges, or not, and gain some obligations, or not.  But come back anytime, citizen.  

 

But no, never jumped thru those hoops so no first hand knowledge.  

Posted
1 hour ago, Will27 said:

TBH, I'm surprised that the letter saying you owed money didn't say why or where it was from.

They usually state from what year and how it occurred.

 

Yep, they don't chase small debts, particularly overseas. But if you lodge tax returns and get a credit, they will take it from that.

 

I would've done what you did though, just paid it. Although I still would've asked where it originated from.

I can only assume that I was eventually located by the ATO (not that I was trying to avoid them) with cross-referencing from another department like Centrelink. So I imagine there were letters sent by the ATO to my last known address in Australia that contained more info as to how the debt was accrued. I paid because I couldn't imagine the ATO would falsely claim a debt, and I have the verification of payment, so I can rest easy should I need to return.

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Posted
1 hour ago, moojar said:

They have either just introduced or are about to introduce fines for returning HECS dodgers - the people that leave the country to work overseas and never pay back their (university fees) HECS debt.  This is a popular strategy with dual citizens.  Now if/when they do come back to Oz they get a fine on top of the original debt + accrued interest.   

 

I could see this easily being extended to those owing money to the ATO in cases such as yours.

This HECS is such a stupid Idea, why on earth would you pay for someone's uni fees, for them to pay it back unsecured, take away their passports till the debt is repaid, i mean you don't see banks lending huge amounts without retaining some form of security, do you

Posted
1 hour ago, Artisi said:

Has anyone been thru' the loops with ATO on resident /non resident status in regards Thailand and the dodgy position most of us are in. We may well have visas / extensions solely and the discretion of the Thai government, but we aren't secure and could be outed at any time. We certainly are not residents - just holders of a visa or an extension to be here,  90 day reporting, renew extension if we depart and return etc. 

Any thoughts or comments? 

Yes, "the legislation", which dictates the terms, is what bounds us, i.e. "your usual place of abode for 183 days of the financial year", they don't give a rats about extensions/visa or the discretionary powers we are under, be it Thailand or elsewhere, its all made up to try and keep us in the Australia, working for the man, i.e. the slave trade, I mean come on, do you seriously know anyone who is really happy living back in Oz, I have mates who earn big bucks, but it's all tied up in the property/s, share portfolio's, cars etc etc, they are not happy with their lives, they can't enjoy it until they retire, so they tell me, and we all know it costs to live in Oz and you need a place over your head, i.e. your principal place of residence.

 

They tell me they envy my lifestyle, and we go back 30 years, I am talking close mates, but their paths are not changeable unless they divorce, because their wives won't have a bar of it, and if they do divorce, the wives will take a huge slice for doing sweet FA, and as I have told them, you would live a very comfortable life in Thailand with what you would be left, but I am not going to get in between people's marriages.

 

There will come a day that the bastards will stop the pension for people residing overseas, unfortunately, because they need the $'s to go to those on CentreLink, the ones that have never paid taxes, fortunately for me and all my hard years of working and investing, I won't need to depend on the OAP, however its something I feel I am entitled too, some might disagree, but 39 years of taxes and capital gains taxes paid over and over by me, makes me feel that it would would nice to have some cream on the cake so to speak as opposed to those C---ts who depend on CentreLink getting it, not talking pensioners either, the system should be overhauled, i.e. you work, you pay taxes, you receive a pension and to take it wherever you want to live, simple really, anyways, have had my gripe 555

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Posted

There are some web services provided by ATO that can informally advise if you are a resident for tax purposes or not. Basically it boils down to where you consider your main home to be, and having 'evidence' to support that claim (if you are ever audited). Living in Thailand does not automatically mean that you are a non-resident for tax purposes. What matters is that you maintain a 'home' in Australia and consider it to be your home and therefore do things and have things in place to support that opinion.  CLink however takes a completely different approach, and they can determine that you have 'left' Australia extremely easily - in order to deny or reduce any payments that you may otherwise be able to receive. But unlike ATO, the CLink bitches have no hard and fast rules they must follow - it is all about what they consider to be the case in your situation.  

 

This is the ATO tool link.  There is no equivalent CLink tool - and they wont give you a definitve answer/\. How CLink works is that they have guidelines you can access (very complicated) and only if you apply for something, then and only then will they make a decision. So of course those of us not across things or up to date, will get screwed (yet again). ATO is much more 'open' (and honest) and they will give answers as best they can.

 

https://www.ato.gov.au/Calculators-and-tools/Host/?anchor=DORSLA&anchor=DORSLA/questions#DORSLA/questions

 

Here is one basic premise below - I didnt plan to stay in one place for two or more years.  Plan. 

 

image.png.f09c48e7219a5ebf2dedac3669b54702.png

 

You can use the tool above and go through many possible scenarios to see what outcome it gives.

 

Me  - I rented and moved house every few years - and visited other countries :)

And I kept a home in Australia (rented room from friend) and set that up as my home before I moved over - and kept licence, car rego, voting roll, bank accounts, super, medicare, and returned about once a year to visit relos/friends. I 'maintained' a home in Australia, and was on holidays overseas - moved around.

 

Right now we are going between the two countries - never more than a few months in Thailand at a time - while waiting for OAP qualification - and we are both doing a little part-time work to build up the savings - plus in a few years time the wife will get citizenship (hopefully), which will make things much easier in future and give us lots of options - including the wife able to get OAP in the future (15 years younger). Our stuff is all stored at the wife's family home - we bring anything extra wanted each trip.

 

And for all those who think Thailand is a pain and has problems living there - shut the phark up and stop whinging :)  This place sucks - I have been away a while and this place is so 'oppressive' - everythiung is so hard to do and it costs so much and most people are stressed out. The pharking Nanny state is totally over the top. I can tell you all about many many things where it is so much easier and better in Thailand to live, but l will say one. Today I got a speeding fine in the mail - $315 for going 10km (under 15) over the speed limit.  8190 baht for going 71 in a 60 zone at 6.30am when no one else was on the road, on a 2 lane pharking highway that should be 80ks, with a golf course on the left and the back fences (no fronts) of houses 30+ metres back on the right - years ago it was 90Ks then 80ks and now 60Ks (no deaths - ever).  Pharking ridiculous - the wife laid an egg !!  Sorry for that - but this place is just shiete - if the OAP was not worth so much, there is no way I would live here.  The roads are safe though :) - but expensive !!

 

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Posted
12 hours ago, ELVIS123456 said:

... The pharking Nanny state is totally over the top. I can tell you all about many many things where it is so much easier and better in Thailand to live, but l will say one. Today I got a speeding fine in the mail - $315 for going 10km (under 15) over the speed limit.  8190 baht for going 71 in a 60 zone at 6.30am when no one else was on the road, on a 2 lane pharking highway that should be 80ks, with a golf course on the left and the back fences (no fronts) of houses 30+ metres back on the right - years ago it was 90Ks then 80ks and now 60Ks (no deaths - ever).  Pharking ridiculous - the wife laid an egg !!  Sorry for that - but this place is just shiete - if the OAP was not worth so much, there is no way I would live here.  The roads are safe though :) - but expensive !!

 

 

Well, I guess they need the revenue to pay for those overseas pensioner bludgers.   :tongue:   

 

But seriously, would love to hear how your residency loophole strategy plays out. 

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Posted
12 hours ago, ELVIS123456 said:

. Today I got a speeding fine in the mail - $315 for going 10km (under 15) over the speed limit.  8190 baht for going 71 in a 60 zone at 6.30am when no one else was on the road, on a 2 lane pharking highway that should be 80ks, with a golf course on the left and the back fences (no fronts) of houses 30+ metres back on the right - years ago it was 90Ks then 80ks and now 60Ks (no deaths - ever).  Pharking ridiculous - the wife laid an egg !!  Sorry for that - but this place is just shiete - if the OAP was not worth so much, there is no way I would live here.  The roads are safe though :) - but expensive !!

 

You should try working as a suburban taxi driver. While working I do minimum 1000km per week, and the cruise control in the Prius has become my best friend.

And the bloody fines aren't even tax deductible.

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Posted
36 minutes ago, moojar said:

 

Well, I guess they need the revenue to pay for those overseas pensioner bludgers.   :tongue:   

 

But seriously, would love to hear how your residency loophole strategy plays out. 

Cheers Moojar - I will try to keep things updated over the years (5).

I was in Thailand basically full-time for over 4 years and never had a problem with ATO/CLink etc.

Now it is about 50/50, but soon it will be 90/10 (90% Aust) and I am confident I will succeed in getting OAP approved when the eligible date arrives.

After the OAP is received I plan to be 2/98 (98% Thailand) and I wont maintain a 'home' in Aust anymore.  Trips back home will then only be for 'serious' matters like weddings, funerals, summons :tongue:  Family and friends can come and have a holiday in Thailand - if they want.

But when I am very old increpid (85+?), the plan is to go back and 'finish off' in Aust. Both to be near family and because there is no doubt that Medicare is the way to go when you are in the 'end game'. Thailand medical is OK for 'normal' stuff, but when it comes to very old age care, it doesn't cut it at all.  My Mother is in her late 80s and the amount of care and tests and drugs she gets (all free) is amazing - now way I could get all of that in Thailand, or even afford to pay for what is available in Thailand, for say 10? years (no insurance coverage available when that old).  

Hey, I might be diagnosed with something very serious and have to stay here in Aust, or get something serious at 70 when I am in Thailand and have to come back to Aust.  No way anyone can plan fully for that, but we can plan for the 'options' we have available to us.  

Another reason I came back a little early (well over 2 years) is so that the wife can become an Aust citizen, which then gives her the options of Medicare if anything serious develops, and if she lives in Aust for 10 years (net) she can be eligible for the OAP.  It will be only 10/35s of the OAP but that is good money for an old Thai lady living by herself, as she will have some savings and own her own home.

 

Posted
27 minutes ago, halloween said:

You should try working as a suburban taxi driver. While working I do minimum 1000km per week, and the cruise control in the Prius has become my best friend.

And the bloody fines aren't even tax deductible.

I hear you mate. I worked as a sales rep and drove around a lot. Somehow it just never 'hurt' as much as it does now - probably because I have become accustomed to a more 'sane' living system - and of course I aint making and spending money like all the other rats caught in 'the system'.  

I visited some friends in Canberra recently, and I couldn't believe how many speed cameras there were. On one drive of less than 20 mins I spotted 5 of them. When I asked how they reacted to that, they all shrugged and said there is nothing they can do about it,  and so they just got used to it.  That is what happens if you live in an oppressive nanny state - you become like the boiled frog - they do it to you slowly slowly little by little.

Phark I hate this place :sick:. But the roads are safe and the medical services are good/free. Funny thing is that the wife handles it much better than me - Thais dont change (much) and she just ignores it all like water off a duck's back - probably as she knows we are going back too. I gotta get more Zen/Buddha about this and 'let it go' :wink:

 

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Posted
44 minutes ago, ELVIS123456 said:

But the roads are safe and the medical services are good/free

I never understand why people consider medical to be "free" in Australia. We pay a specific Tax for medical, Medicare levy, 2% of your income. Yes, its free for pensioners (after they payed all their life) and unemployed etc but for everyone else its not.

If I pay a percentage of my income in Thailand for medical coverage, I dont consider that free medical.

Posted

Interesting Fairfax opinion piece - Michael Pascoe is a respected business journalist.  Not relevant to the pension, but relevant to some of our recent discussion:  

 

Quote

Skewering expats – you'll lose the capital gains tax exemption on your home

 

Quote

Expatriates, including temporary expatriates, are set to become collateral damage from the government's nationalistic "Australian homes for Australians first" policy.

Sell your family home while living overseas, and you could lose the owner-occupier capital gains tax exemption.

 

http://www.smh.com.au/business/property/skewering-expats--youll-lose-the-capital-gains-tax-exemption-on-your-home-20170802-gxnk9f.html

 

Some of you offshore for a while might be interested to read the comments after the article.

  • Like 1
Posted
On 8/2/2017 at 0:47 PM, Peterw42 said:

I never understand why people consider medical to be "free" in Australia. We pay a specific Tax for medical, Medicare levy, 2% of your income. Yes, its free for pensioners (after they payed all their life) and unemployed etc but for everyone else its not.

If I pay a percentage of my income in Thailand for medical coverage, I dont consider that free medical.

Fair point. But unless you use the 'private system' you dont have to pay anything 'extra' to use public hospitals and doctors that bulk bill. And if you are on Dole, DSP or OAP, or earn under a certain amount of money PA, then you pay no 'medicare tax'.  I was referring to when I will be on the OAP . 

Posted
1 hour ago, moojar said:

Interesting Fairfax opinion piece - Michael Pascoe is a respected business journalist.  Not relevant to the pension, but relevant to some of our recent discussion:  

http://www.smh.com.au/business/property/skewering-expats--youll-lose-the-capital-gains-tax-exemption-on-your-home-20170802-gxnk9f.html

Some of you offshore for a while might be interested to read the comments after the article.

This is how 'they' test the waters for a policy being considered. They either leak it (like this) or they release a public/white paper report (or both). If there is a lot of negative responses, then they will either drop it or consider ways to overcome the complaints - or work out how to push through them. If very little complaints are made, then they will consider going forward with the 'initiative'.

 

I reckon this will hardly get any negative responses (in Aust), so it is likely that in the year/s ahead this will become policy. It doesn't affect me as I unburdened myself of an Aust property years ago, but now is a good time to have a think if it would affect you. And if it would, you should keep an eye on this 'initiative to reduce taxpayers burden supporting retirees living overseas' (as it will be sold to the masses). 

 

Recent examples of this 'tactic', are the introduction of the $1.6 million transfer balance cap on Super funds, and the reduction of the annual (after-tax) contributions cap to $100,000 PA. Both of those had been talked about and reported on for a while, and were introduced in the last Fed Govt Budget.  There was very little complaint at the time as it affected not that many, but as someone that had previously sold up and deposited the money into Super, it would have had a big impact on my plans. 

 

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