FATCA and Australia – Part 1 of 2
January 2020: This thread continues at FATCA and Australia – Part 2 of 2.
Let’s Fix the Australia/US Tax Treaty! The Australia/US tax treaty needs urgent revision to prevent double taxation. Get involved at www.FixTheTaxTreaty.org
Posts on The Isaac Brock Society website concerning FATCA and Australia
For articles on other websites, see Media and Blog Articles
For general discussion of FATCA, see FATCA Discussion Thread
For links to some websites and contact info (government, organisations, tax information), see Australia Information Links
25: John Richardson and Karen Alpert Session in Brisbane Australia Oct 25, 2018
August 2018
01: U.S., U.K., Canada, Australia and Netherlands form international tax enforcement group
January 2018
July 2017
March 2017
13: What Lessons Can Be Learned from the Sad Stories of “IRS Compliant” Australians Shaun and Mary?
November 2016
30: “Solving U.S. Citizenship Problems” – Online January 9, 2017 (Australia)
August 2016
25: Let’s Fix the Australia/US Tax Treaty!
May 2016
15: Australia: Dealing with Superannuation
February 2016
19: #Australia funds America’s #FATCA #Ethnic Identification System
September 2012
27: Last Day to make a FATCA submission to the Australian Govt
August 2012
28: Australian Government wants YOU to tell them what to do about FATCA
July 2012
20: Australian Financial Services Council lobbies Washington for FATCA exemption
@Au @JakDac With an ABC/Fairfax track then might press the damages route suggested above, as the duo leap at opportunities to discredit the government. Could also work with Senate as not controlled by Coalition.
Chip Rolley i(7 works by)
Born: [1965] [ El Paso, Texas, United States of America (USA)] ;
Gender: Male
Arrived in Australia: 1993
Heritage: American
Partner Anne Summers
Wonder if he renounced
Any ideas how to spark a Parliamentary Inquiry? How others have done it?
Just called all 4 Treasurers and gave a verbal account to pass on I suggest everyone do the same
http://www.treasury.gov.au/Forms/Ministerial-Correspondence
@JakDac,
I have done the same.
@All
We all need to get this in the media. Media could start awareness and eventually change.
Nudge, wink wink
The Taxpayer Advocate Service has established a vehicle to receive taxpayers’ suggestions about tax reform.
http://www.taxpayeradvocate.irs.gov/Home/tax-reform-suggestions
She may be the light
The case involved a Maryland couple, Brian and Karen Wynne, who challenged being taxed by the state for income earned outside the state — income they had already paid taxes on elsewhere. Mason and Knoll’s analysis showed that the case wasn’t about double taxation, however, but about tax discrimination. The court ruled Maryland’s tax scheme discriminated against interstate commerce
http://www.law.virginia.edu/html/news/2015_sum/mason.htm
her email
ruth.mason@virginia.edu
http://business.financialpost.com/personal-finance/taxes/u-s-citizens-living-in-canada-have-a-lot-of-extra-tax-filing-hoops-to-jump-through
Kelly O’Dwyer
September 2 at 3:23pm ·
Do you have a question that you’d like to ask the Minister for Small Business, Bruce Billson, or me?
Tomorrow from 1pm we will be answering your questions live!
#smallbizau
https://www.facebook.com/KellyODwyerMP/photos/a.451738772783.243404.171601117783/10153717081922784/?type=1&theater
https://www.facebook.com/KellyODwyerMP/photos/a.451738772783.243404.171601117783/10153717081922784/?type=1&theater
On her Facebook page already received this (re: Expat tax)
no response yet
Kelly O’Dwyer (Treasurer)
Hi Jak
Thanks for your message. If you could send me your email address I’ll be able to provide you with a more detailed response.
Kind regards,
Kelly
Looks like this opportunity has passed (September 3) but these people might be receptive to other questions in communication.
@JC
RE: Any ideas how to spark a Parliamentary Inquiry? How others have done it?
I asked our lobbyist and he said:
“By building support amongst MPs, who’ll then move a motion. Most inquiries go nowhere”
Regarding the below subject.
Australian Citizenship National citizenship consultations
http://www.border.gov.au/News/Pages/citizenship-consultation-your-right-your-responsibility.aspx
http://www.border.gov.au/about/reports-publications/discussion-papers-submissions
http://www.border.gov.au/about/reports-publications/discussion-papers-submissions/australian-citizenship-your-right-your-responsibility#
The Australian Government wants to hear your views.
Last week Tuesday 2/9 there was a Citizenship WA public meeting.
Our MP arranged a meeting with Philip Ruddock MP and Senator Concetta Fierravanti-Wells.
What we can say it is obvious that the most effective way to get any political traction from the issue of FATCA is for constituents Australia wide to approach their local Parliamentary members and educate them (tell them to google FATCA from the Wikipedia site and include JC’s type of letter. http://isaacbrocksociety.ca/fatca-and-australia/comment-page-2/#comments
Politicians DO NOT have a clue of what the FATCA legislation is about.
Here what was submitted to the Philip Ruddock and Senator Concetta Fierravanti-Wells:
We are gathered here today to strengthen Australian citizenship – and we quote from the ad you have put into The West Australian 29/08/2015 p.51 on National citizenship consultations “Australia is one of the most culturally diverse yet socially cohesive nations on earth. The open and inclusive society we enjoy has not come about by chance. It is of an adherence by Australian citizens, whether by birth or by choice, to a core set of values that underpins the rights and responsibilities of Australian citizenship.” And yet you and parliamentary colleagues have voted in legislation, the “Tax Laws Amendment (Implementation of the FATCA Agreement) Act – 2014” which threatens to completely erode our rights and responsibility to a core set of values as Australian citizens. You have allowed domestic private and personal financial information to be transmitted to a foreign government on a discriminatory distinction.
By passing this legislation you have said that Australian citizenship by choice is not as full and complete as citizenship by birth. You have passed this legislation using the outdated terms of the U.S. Australia tax treaty of 1982, prior to the Australian government accepting immigrants from a foreign nation to fully naturalize as Australian citizens, which was not possible until 1986. Subsequently the outdated terms of the treaty have been used by the FATCA bill and the end result is openly discriminatory, dismissive of Australian citizenship, and totally disregards the privilege of Australian citizenship. Australian citizenship by choice is now hugely devalued and diminished as against most individuals with Australian born citizenship.
Australian who are citizens by choice are being targeted, interrogated and exposed to a foreign jurisdiction in regards to the transmission of domestic private and sensitive financial and banking information. How would you feel if this was happening to you without your consent, knowledge, and understanding of the detrimental lifelong implications?
The impacts on individuals targeted by FATCA with the status quo of the tax treaty are:
• ongoing debilitation of the value of Australian citizenship
• unifying power of and commitment to Australian citizenship eroded
• destabilisation in the identification of being a fully accepted Australian (counter to notions of national identity)
• demoralisation of being treated as a second class citizen in the country and allegiance of choice.
FATCA tax law will work as an ongoing discriminatory, destabilising, and detrimental effect toward full cultural assimilation, community integration and building, social cohesion, stability in the workplace, business, financial security, financial planning, succession planning and family structure. It directly affects children born in Australia and exposes non U.S. Australian resident spouses and partners in the case of joint banking accounts to scrutiny of their personal financial affairs.
The Australian Federal government is saying to citizens by choice that we can no longer “call Australia home”. We are pursuing a standing of equality, equity and responsibility from the Australian government to be treated and regarded as fully privileged Australian citizens and not subject to the powers of a foreign jurisdiction by the Tax Laws Amendment (Implementation of the FATCA Agreement) Act 2014. Without this recognition and protection the citizenship of approximately 54,000 Australians is now severely compromised and the fore-mentioned core set of values are potentially meaningless.
@Alby I suppose going for a Parliamentary Inquiry is better than not going for one. Also, ask for change in ATO website information on tax treaties, clarifying that the Australian – US Tax Treaty does not prevent double taxation. Any better idea short of legal action? I have a draft letter yet these things tend to take me a few weeks, like that letter you reference I did.
Hi Jak
I have reviewed this issue and am afraid my mind hasn’t changed. I appreciate this is an issue of great concern to you but I don’t think it would be of sufficient concern to Drum readers.
Kind regards
Chip
Chip Rolley
Editor, The Drum online
ABC
His email
rolley.chip@abc.net.au
I just sent an email to rolley. “Not sufficient concern”, eh?
Reminds me of this:
“…When they came for me,
there was no one left to speak out.”
There’s plenty of concern to be had, if you have any sort of empathy, compassion, & principles.
@Jane
I gain solace in reading these articles before bedtime……”If they come for me”
http://tax-expatriation.com/2014/10/08/how-will-the-irs-collect-tax-and-penalty-assessments-against-former-uscs-and-lprs-who-live-exclusively-outside-the-u-s/comment-page-1/#comment-7662
http://tax-expatriation.com/2014/07/05/u-s-enforcementcollection-of-taxes-overseas-against-uscs-and-lprs-legal-limitations/
@JC
RE LETTER. -“and we don’t have news articles about Australian residents impacted”
This is the only article i have seen referencing an American couple living in Australia as LPR unable to conduct retail chain stores business due to FATCA bank constraints.
Be good to have more detail.
http://www.nytimes.com/2015/05/14/opinion/an-american-tax-nightmare.html?_r=0
Same as in Canada and all such countries who have responded to the US sanction, Alby. Thanks for your words to your government.
You’re right that for the most part — “Politicians DO NOT have a clue of what the FATCA legislation is about.”
@All, Alby
“Hi Jak
I have reviewed this issue and am afraid my mind hasn’t changed. I appreciate this is an issue of great concern to you but I don’t think it would be of sufficient concern to Drum readers.
Kind regards
Chip
Chip Rolley
Editor, The Drum online
ABC”
I think Chip Rolley is missing the point of FATCA and CBT. It is about being treated as a second class citizen in our own country, discrimination, privacy, being treated fair, keeping a bank account from a foreign government and wealth leaving the Australian shores and much much more. FATCA is only the beginning what happens with OECD model starts – if will not just be US persons affected.
Called treasurers offices again today Hon Kelly O’Dwyer MP (02) 6277 4155 and Josh Frydenberg 02 62777360 Joe Hockey 0262777340 Bruce Billson (03) 9781 2333 / ministerial office 0262777930
I believe Josh is in charge of Tax Teaties
Kelly O’Dwyer ,
J.Hockey.MP@aph.gov.au,
Josh Frydenberg ,
“Billson, Bruce (MP)”
Let us do our own “Operation Mosquito” Bzzz
I have been asked to put the following into a comment here in the *FATCA and Australia* thread:
Australian treasurers
kelly.odwyer.mp@aph.gov.au
J.Hockey.MP@aph.gov.au
josh.frydenberg.mp@aph.gov.au
B.Billson.MP@aph.gov.au
http://www.treasury.gov.au/Forms/Ministerial-Correspondence
Spoke to David NOT at Treasury until January 2016.
He seems sympathetic BUT again politicians have to bring this up or law suit to make it known ?
@Alby, All
“I gain solace in reading these articles before bedtime”
The OECD model Convention on Mutual Administrative Assistance in Tax Matters will allow the ATO to collect taxes for other countries through the ATO.
From there website: The amended Convention provides for all possible forms of administrative co-operation between states in the assessment and collection of taxes
http://www.oecd.org/tax/exchange-of-tax-information/conventiononmutualadministrativeassistanceintaxmatters.htm
Any comments