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Refund of over-withheld withholding: how to apply

How to complete the Refund of over-withheld withholding application form (NAT 75265) for non-residents.

Last updated 6 August 2024

Requesting a refund of over-withheld tax

The Refund of over-withheld withholding application form (Nat 75265) is for non-residents. The application form is used to claim a refund if too much non-resident withholding tax has been withheld from interest, dividend or royalty payments or from managed investment trust (MIT) distributions.

If you request a refund of overpaid tax, we'll aim to issue your refund within 28 days of receiving all the required information.

You must make your request in writing and attach evidence to support your application. Complete the application form online (it can be saved to your computer). When you have completed the application, you can lodge it online by logging into Online services for businessExternal Link. Alternatively, you can print your completed application form and mail it to us.

To access a link to the form and for more information, see Applying if you're not a custodian/payer or registered tax agent.

Note: if applying as a custodian/payer or registered tax agent, the application is lodged with an excel (XLSX) file. For a link to the file and instructions, see Applying as a custodian/payer or registered tax agent.

For further information and examples, see:

Who completes the application

You (the beneficial owner or representative of the beneficial owner) may be able to claim a refund if:

  • too much withholding tax has been withheld from an amount of interest, dividend or royalty payments made in Australia and the error is discovered  
    • by 30 June of the relevant year – your payer refunds the amount to you
    • after 30 June of the relevant year – you apply to us 
  • too much withholding has occurred because of managed investment trust (MIT) distributions – you apply to us.

To apply you must either be the individual or entity entitled to the refund or act on behalf of them with a power of attorney.

For certain tax treaties, you can apply to us for a refund if too much withholding tax has been withheld from a non-portfolio intercorporate dividend as a result of satisfying any ownership and other conditions in the particular tax treaty after the dividend was paid. The tax treaties that apply are listed on Straddle holding period rule.

Applying if you're not a custodian/payer or registered tax agent

To apply for a refund of over-withheld withholding tax on your own behalf you need to:

Australian Taxation Office
PO Box 1032
ALBURY  NSW  2640

Applying as a custodian/payer or registered tax agent

We recommend that you use a desktop or laptop device to ensure that you can fill out the document correctly.

To apply for a refund of over-withheld withholding tax on behalf of another entity, you need to download the Application for Non Resident over-withheld withholding refund (XLSX, 643KB)This link will download a file file.

To do this:

  1. Right click on the link and select Save.
  2. Save the link in Microsoft Excel format (.xls or .xlsx only – don't convert this form to PDF).
  3. Open the form and enable JavaScript if prompted.
  4. Complete the form on your computer.
  5. Select Save at the bottom and save to your computer as Microsoft Excel format (.xls or .xlsx only – do not convert this form to PDF).
  6. Lodge your form by logging into Online services for businessExternal Link or Online services for agentsExternal Link.
  7. Submit your form by attaching it to your secure mail message.

You can attach up to 6 attachments in the application mail message. Attachments are limited to 6MB each.

Failure to follow these instructions correctly might lead to a delay in the processing of your application.

Supporting evidence

You need to provide supporting evidence with your application.

Generally, the beneficial owner submits their refund request through their Australian custodian or payer.

If you want the refund cheque to be made out to an entity other than the beneficial owner (for example, to the Australian custodian), then you must provide a declaration signed by the beneficial owner (or their authorised representative) that:

  • confirms we are authorised to make the cheque out in favour of the other entity
  • indemnifies us from any adverse legal consequences, including any further claims to the refund entitlements.

If the declaration is signed by the authorised representative, you must attach a duly executed power of attorney document that gives the authorised representative the authority to act for the beneficial owner in this matter. If you give us a copy, it must be a certified copy.

You need to provide the following if any have been issued:

  • a copy of the ATO exemption letter or private ruling covering the periods when the non-resident withholding tax has been deducted
  • a certificate of residency from your tax authority for the requested years.

For information on requirements for copies of documents for applicants outside Australia, see: Copies of identity documents.

Additional evidence - interest, dividend or royalty payments

If too much withholding tax has been withheld from an amount of interest, dividend or royalty payments made in Australia and you want a direct refund of the over-withheld withholding, you need to also provide the following supporting evidence with your application form:

  • a letter from your Australian custodian or payer on their letterhead, confirming details of the withholding
  • a copy of the dividend or distribution advices issued to the beneficial owner by the payer, detailing the  
    • gross interest or gross dividend amount
    • security
    • date paid
    • amount of tax withheld 
  • a certificate of residency from your tax authority for the requested years
  • all original certificates of payment, if any have been issued, for the nominated financial years.

Additional evidence - non-portfolio intercorporate dividends

You must provide evidence that you have owned, held or controlled the required amount of capital, shares or voting rights of the company paying the dividends for the period set out in the relevant tax treaty, for example ASIC or ASX forms.

Additional evidence for MIT distributions

You must provide evidence of the managed investment trusts (MIT) distribution payments made. For example, a credit advice or distribution statement or fund payment notice that would have been issued to the ultimate beneficiary, showing the following:

  • name of the ultimate beneficiary
  • security
  • holding
  • distribution paid or deemed payment amount (or both)
  • amount withheld
  • date of payment or deemed payment
  • a letter from your Australian custodian/payer on their letterhead that  
    • confirms tax was withheld at the non-Exchange of Information (EOI) country rate from MIT payments made to the recipient
    • provides details of the withholding remitted to us for each of the fund payments. 

Under the new tax system for MITs, you may receive 'deemed payments' if the MIT has elected into the attribution system. MITs that elect into the new system are called attribution managed investment trusts (AMITs). See, Withholding for AMITs for more information. Deemed payment amounts may be different to the amounts actually paid to you, and are also subject to withholding, even if you do not receive an actual or cash payment for them.

You will need to check the information provided to you by the MIT as to the amounts and types of payments that have been subject to withholding, to work out whether the correct amount of tax has been withheld from your MIT income.

 

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