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
Thanks for that link, Alby.
Former US ambassador Niels Marquardt, who is now chief executive of the American Chamber of Commerce in Australia, said territorial treatment of companies should extend to individuals. That is, both should only be taxed in the US on money earned in the US.
http://www.afr.com/news/policy/tax/australia-to-lose-projects-to-the-us-if-trump-tax-plan-goes-ahead-20170928-gyqaix
Finally – here’s the last in my Investment Constraints series. In this post I talk about how to avoid PFIC treatment by investing in the US (even from an Australian brokerage account), and wind up with a quick discussion of record keeping.
http://fixthetaxtreaty.org/2017/10/03/investment-constraints-5/
Global reporting rules threaten to impose huge penalties on our banks
Robert Gotliebson
7:47AM October 5, 2017
http://www.theaustralian.com.au/business/opinion/robert-gottliebsen/global-reporting-rules-threaten-to-impose-huge-penalties-on-our-banks/news-story/029f7579dfe8e64825e065932a64e420
Re: skirting the paywall of above. Enter this into a browser: Global reporting rules threaten to impose huge penalties on our banks
Aussie/US Join us at 3.30pm today (AEDT) for our live Q&A with Malcolm Turnbull. Ask about US/AU Tax treaty in comments. Hopefully they may get a lot of comments do it NOW please https://www.facebook.com/news.com.au/?hc_ref=ARRHA0Mni6V6LkqtmOYfEcCFj_5rDQ_ffHauKF-YEPv7A4uDyFSt7J76Ou4AJsGVyGU
New post up at fixthetaxtreaty.org: http://fixthetaxtreaty.org/2017/10/24/behind-the-scenes/
If you’d like to be more involved, the post lists several ways you can help.
NOW Bloomberg https://www.bloomberg.com/amp/news/articles/2017-10-26/millions-of-u-s-expats-may-get-tax-relief-financial-times-says
Unfortunately every single sentence in the Bloomberg piece is explicitly attributed to the FT – thus making it clear that Bloomberg is only reporting it as a “What the papers say” item.
BUT more readers
Good point.
I have my CLN, but worry my kids now. I don ‘t put it past Chump to send my children to war in a draft.
Am I being silly?
Some good news:
Millions of US citizens working overseas could see their tax bills lowered by an overhaul of the tax system as Republicans edge towards eliminating a requirement for American expatriates to pay taxes both overseas and in the US.
http://www.afr.com/news/politics/world/us-expatriates-given-hope-of-lower-tax-bills-20171025-gz8hph
He thinks HE has a problem lucky he is not an Expat https://www.businessinsider.com.au/donald-rumsfeld-taxes-2016-4?r=US&IR=T
http://www.internationalinvestment.net/products/tax/cautious-optimism-among-us-expat-reps-washington-possible-tax-law-changes/
Couple of quick videos re Expat Tax issues
https://www.facebook.com/American.Overseas.Global.Advocate/videos/1722768791356953/
Tweet / FB Thank Brady / A shift to residence-based taxation would be a welcome change for Americans who feel it is outrageous that the US can tax their home when in many cases they haven’t lived in the US for a number of years or they inherited citizenship from their parents and have never lived in the US. http://www.theamerican.co.uk/pr/ea-Republicans-Expat-Tax-Reductions-Bambridge.php
Another story showing the injustice of taxing non-resident citizens and how patriotic Americans are driven to consider renunciation. http://fixthetaxtreaty.org/about/our-stories/aussies-story/
There seems to be something wrong with the link, Karen.
I’ve been asked to pull Aussie’s story down for a week. It will be back.
We’ve submitted some FOI requests with the Australian government:
* to find out whether they even considered the US taxation of superannuation when they negotiated the treaty (we’re pretty sure they didn’t)
* we’ve requested documents explaining why they did not do a privacy impact assessment for the FATCA IGA, even though it was recommended by the Privacy Commissioner, and
* we’ve requested annual aggregate data on the FATCA data transfers to the IRS
More detail in Carl’s blog post: http://fixthetaxtreaty.org/2017/11/30/behind-the-curtain-foi-requests/
Call to Action – There’s a provision in both the House and Senate versions of the tax reform bill that could be interpreted as taxing the retained earnings of foreign (Australian) corporations owned by US taxpayers. We do NOT believe that this is what Congress intended – but there are a couple of Canadian tax advisors who think the literal interpretation would unfairly tax all owners of foreign corporations. We have written a letter to Malcolm Turnbull, Scott Morrison, and Julie Bishop explaining what the Australian government can do to help Australian small businesses caught by this trap.
We’re asking US-tainted Australians to send a copy of our letter to their MP and Senators, asking them to get a response from the PM, Treasurer, and/or Foreign Minister as to how Australia will protect it’s citizens and residents by using the treaty to ask the IRS to agree that Congress did NOT intend for individual shareholders to pay the transition tax.
In the blog post you will find the letter along with a longer explanation of the issue and an anonymous survey to record which MPs and Senators have received our letter.
http://fixthetaxtreaty.org/2017/12/04/call-to-action/
Aussie’s story is back up on the website – http://fixthetaxtreaty.org/about/our-stories/aussies-story/
New blog post at http://fixthetaxtreaty.org/2018/02/03/from-little-things-big-things-grow-annual-report/ – listing our objectives and accomplishments for 2017.
So… under the FATCA agreement with the US, the ATO sent data to the IRS on up to 6% of the financial assets of Australian households and businesses (excluding superannuation assets) at 31 December 2016! Somewhere between 2/3 and 3/4 of the accounts reported were owned by Australian residents. And there’s no way to know whether the benefits received by Australia (in the form of reduced tax evasion from accounts reported to the ATO by the IRS – and other governments in future years) outweigh the costs to the Australian economy of setting up the compliance systems that support the increased level of international financial “transparency” under FATCA and CRS.
http://fixthetaxtreaty.org/2018/02/08/what-did-we-learn-from-our-ato-foi-request/