Welcome Guest [Log In] [Register]

Welcome to Yanks Down Under!

You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customising your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free.


Join our community!


If you're already a member please log in to your account to access all of our features:

Username:   Password:
Add Reply
US taxes in Oz
Topic Started: Feb 20 2007, 07:29:32 AM (14,001 Views)
shylady
Member Avatar
oldYank
[ *  *  *  * ]
oh boy. what Greg said. And include all info about those 401K's.

I know there are Yanks here in Australia that are collecting their SS, I can try to ask a couple people for you. :headscratch:
I know that SSD is not taxable in Australia, I've got the ATO website that proves that, but don't know what happens when you reach 65 and are eligible for your regular SS payments. Or what happens to your Aussie pension in that case. :headscratch: again. I'll have a look.

"I could’ve turned a different corner, I could’ve gone another place... " ku,'09
Offline Profile Quote Post Goto Top
 
chisinging
Yacker
[ *  * ]
My understanding is that my social security (retired) is not taxable in Australia because of the International Social Security agreement between Australia and the U.S. This payment
is taxable in the U.S. only (depending of course on your income whether it is included in your income and some of it gets taxed.)

I also understand that the method that is used to determine between U.S. and Australian pension is you apply through the International Centerlink office (located in Tassie) and they
compare the social security to the Australian Pension....if your U.S. Social Security is more than what you would receive from the Age Pension in Australia then you will not receive
any money from Australia. If your Social Security is less you will make up the difference with the Australian Age Pension.

And there are other requirements to be eligible for the Age Pension. Go to the Centrelink site and look a the agreement. There is also a phone number for the international office.

Also the Social Security age has increased from 65 to 66 to 67 to get full benefits depending on your year of birth.



Online Profile Quote Post Goto Top
 
macaussie
Piker
Just to add something into the mix...I have and will always be filing US tax because one has to do that as a US citizen, but I am also an Aussie citizen and resident. I filed my US 2008 taxes in April '09 this year using an agent that I have used for years in California.

Now I am residing in Australia, I have just filed my first ATO tax form for 2007-2008, used an agent and got an extension so I could pay after my '08 US filing. My agent here and I had to do a lot of research. It has been a headache as not many agents in my area have experience with a US pension.

I get a CALSTRS pension so it does not qualify for ATO exemption under Article 19 of the ITA Agreement (government) but does qualify under Article 18 (SS and public pension) because it is a "public pension". So I do not pay Aussie tax as it is exempt income, but do pay a small medicare surcharge.

However, I recently cashed in an IRA and fill have to include that in my ATO form next year and get a foreign tax credit for US taxes paid and probably pay some Aussie tax on it. Annuities,IRAs and most other pensions are taxed here first then the US second is the way I understand it. So most folks would get a tax credit in the US and not pay any more taxes because the rate there at the moment, is usually less than here!

Offline Profile Quote Post Goto Top
 
sheowahya
True Blue Mate
[ *  *  *  * ]
Ok... I know this is not going to be good news, but I want to share something that I received from the ATO this morning.

Do you owe taxes in the US (or another country that has a tax treaty with Australia)?
Do you think that because you have no US income, are not in the US, and will never return to the US that you will never have to pay that tax debt?

Well think again!!

New provisions of tax treaties have provided "a mechanism by which foreign tax debts are effectively 'transformed' into Australian tax liabilities, in relation to which the Commissioner may exercise his debt collection powers."

Your foreign tax debt could conceivably catch up with you here in Australia and you could find yourself being subject to the Commissioners full recovery techniques.

Just a heads up to everyone out there.

I'm sure this will take time (who knows how long though) before the first people are having refunds kept, paychecks garnished, assets seized, and whatever other recovery methods the Commissioner sees fit to enact.

This is a natural extension of the tax treaties and I'm surprised it has taken them this long to negotiate this.

Please don't shoot the messenger. I'm just trying to save people from finding out about these things the hard way.


Cheers,
Marilyn
My Timeline
=======

Category 136 BN - Skilled Independent.

Skills Assessment:
Applied ICAA: 13May05
Addtional Classes Required: 08Aug05
Re-submitted PASA: 05Feb07
Approved as Accountant 2211-11: 26Feb07

Main Visa Application:
Sent to ASPC: 12Mar07
Application received: 16Mar07
Acknowledgement received: 10May07
Credit Card Charged: 10May07
CO assigned: TBD
Medicals sent UNrequested: 26Jul07
PPC sent UNrequested: 18Jul07
VISA Approved: 07Nov07
Main move to Australia: 17Apr08
Offline Profile Quote Post Goto Top
 
i<3sydney
True Blue Mate
[ *  *  *  * ]
NurseJules
Mar 6 2009, 11:29:16 PM
After all my concerns and almost passing out from reading Tax Jurisdiction mumbo jumbo, my dad took all my questions to his personal accountant in the states. She filed another extension for me until October 15 and said it will be much easier to file and complete once I file my Aussie Tax Return in July. So this is what I'm going to do now...
ditto. all this tax talk is a bunch of gibberish to me. i'd probably do it incorrectly, so best let the professionals handle it.

however, my dad's new accountant doesn't seem to know that much about it.. hopefully they are researching it! so.. i have the extension until oct and i've just completed my aussie tax return. what do i need to send them? can i just email/call with specific info or do i need to physically send them the return? also, i'm filing independently even though i'm married (husband is aussie) do i need to get them any of his info for any reason?

also, do you need to file every year for the 6 month extension?

Offline Profile Quote Post Goto Top
 
aroth
Anklebiter
[ * ]
So here's a question, hope it hasn't been asked before. Let's say that when I move to Australia, I keep my current job with my U.S. based company (I'm a software engineer, and can do my job from pretty much anywhere that has Internet connectivity). In essence, I would be a U.S. citizen employed by a U.S. company, living abroad. If it makes any difference, I would leave payroll set up to deposit my paychecks into my U.S. bank account, exactly as it is now.

In such a case, who do I primarily owe taxes to (as in, which do I pay first, and which do I claim a "foreign income tax" exemption from)? Would it be to Australia, because that is where I am living, or would it be to the U.S., because I'm still a U.S. citizen employed by a U.S. company. I guess the question is, do federal taxes follow your residency, or do they follow your employer?
Offline Profile Quote Post Goto Top
 
Bindie
Member Avatar
True Blue Mate
[ *  *  *  * ]
I'm no help... I can only figure my own tax and that's about it. However, I do rely on this to help... maybe it will help you, too?

http://www.irs.gov/pub/irs-pdf/p54.pdf
Posted Image

The future is no place/to place your better days, DMB

Canberra, ACT since 2004
Offline Profile Quote Post Goto Top
 
TerritorianTori
Member Avatar
Dance to disco
[ *  *  *  * ]
aroth
Mar 17 2010, 11:02:06 AM
So here's a question, hope it hasn't been asked before. Let's say that when I move to Australia, I keep my current job with my U.S. based company (I'm a software engineer, and can do my job from pretty much anywhere that has Internet connectivity). In essence, I would be a U.S. citizen employed by a U.S. company, living abroad. If it makes any difference, I would leave payroll set up to deposit my paychecks into my U.S. bank account, exactly as it is now.

In such a case, who do I primarily owe taxes to (as in, which do I pay first, and which do I claim a "foreign income tax" exemption from)? Would it be to Australia, because that is where I am living, or would it be to the U.S., because I'm still a U.S. citizen employed by a U.S. company. I guess the question is, do federal taxes follow your residency, or do they follow your employer?
Hi there :wave:

Generally, if you are considered to be residing outside the US (and there are several IRS tests to determine whether you qualify as "resident abroad"), then your income is foreign-earned. It doesn't matter where your employer is located or based (I think the only exception is the US government/military, but I could be wrong..). So if you're a US citizen working for a US company but living in Australia, your primary tax obligation would be to Australia and you'd take a foreign-earned income exemption and/or foreign tax credit on your US tax return.

This situation can get pretty complicated - I definitely recommend getting some solid tax advice from a professional who has experience with both tax systems.

This thread might be helpful:
Working from Aust for US company

:cheers:
Posted Image

South Texas to the Northern Territory - since 2004

I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia
Avatar by Sketch Shop Boys
Offline Profile Quote Post Goto Top
 
amomentadrift
Member Avatar
Anklebiter
[ * ]
Well... nothing like waiting until the last minute. I didn't really think about my US taxes until the other day, when I remembered that it was early April! Yikes.

I skimmed through the sticky post - lots of great info. I'm not too savy on US tax rules/laws - as my taxes have always been really simple.

I'm an Australian Temporary Resident (granted in January 2010), prior to that I was on a Prospective Marriage Visa (granted Mar 09). My wife and I got married in Hawaii November 09. I've been working here in Australia since April 09 - earning AUD from an Aussie Company - deposited in an Australian Bank. I filed an 09 Aussie return. My wife has never lived in the US and does not hold any sort of US Visa - she is employed by an Aussie Company - earning AUD, deposited in an Australian Bank. We do not own a home in either country. No real capitol gains in either country at this point.

When I file my 2009 tax return - I understand that I can file as Married Filing Jointly or Married Filing Separately - but in order to file jointly, I would have to get a US Tax File Number for my wife.

Here's a few questions for my situation:

1. I did an internet / IRS website search to determine how to get my wife a Tax File Number - but couldn't really peg down how to do this. Given our relatively simple tax situation - is there really any benefit to filing jointly?

2. As I procrastinated quite a bit to get this sorted - I'm considering filing a tax extension. A brief look at the instructions indicate that because I live outside the states, I automatically get a 2 month extension without needing to file the form - to June 15 2010. The fine print says that if I end up owing $$ then I will still owe interest for the time past April 10. From my relatively simple situation - I don't imagine I will owe the US any money - am I safe to assume that?

Thanks in advance for your advice.

CV

Offline Profile Quote Post Goto Top
 
Bindie
Member Avatar
True Blue Mate
[ *  *  *  * ]
Hmm. I am clueless about this sorta stuff, but why bother filing jointly? Just file separately and use your income. She wouldn't be able to even get a SSN would she?
Posted Image

The future is no place/to place your better days, DMB

Canberra, ACT since 2004
Offline Profile Quote Post Goto Top
 
TerritorianTori
Member Avatar
Dance to disco
[ *  *  *  * ]
Hi CV,

1. It's called an Individual Taxpayer Identification Number (ITIN), and here are the instructions for applying for one:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
Keep in mind that by filing jointly, you would essentially be treating your wife - and her income - as if she were a US citizen same as you. There can actually be many benefits to filing jointly, particularly if you are in a high income bracket, have loan interest deductions or dependents together... but, really, even with a "relatively simple tax situation", it's impossible to say one way or the other unless you crunch the numbers. However, I'm pretty sure most of us here (myself included) just file separately - saves the hassle.

2. Yes, you do get an automatic extension to June 15, and yes, you'd still incur interest past April 15. Again, it's really impossible to say without knowing the exact details of your situation, but... well, one thing's for sure, never assume anything when it comes to the IRS! :mrgreen:

Have you read the Publication 54 document on the IRS site? If not, you really should. Print it out, if possible. That'll be your bible for filing your return.


:cheers:
Edited by TerritorianTori, Apr 12 2010, 01:45:28 AM.
Posted Image

South Texas to the Northern Territory - since 2004

I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia
Avatar by Sketch Shop Boys
Offline Profile Quote Post Goto Top
 
amomentadrift
Member Avatar
Anklebiter
[ * ]
Thank you for the info. I think I'm just going to file separately for now. Just downloaded Pub 54 and will give it a read (if I can stay awake through it...?). :)
Offline Profile Quote Post Goto Top
 
trix
True Blue Mate
[ *  *  *  * ]
amomentadrift
Apr 11 2010, 11:43:56 PM
When I file my 2009 tax return - I understand that I can file as Married Filing Jointly or Married Filing Separately - but in order to file jointly, I would have to get a US Tax File Number for my wife.

Here's a few questions for my situation:

1. I did an internet / IRS website search to determine how to get my wife a Tax File Number - but couldn't really peg down how to do this. Given our relatively simple tax situation - is there really any benefit to filing jointly?


I always file separately - very easy as no need to report anything of the hubs to the US.

You DO NOT need to get an itin number for your wife. Simply put down Non-resident alien in that space. Others (even on this forum) will argue this, but I have done it for years. The US govt has no jurisdiction over your partner and as such, you have no legal obligation to get an itin number for her. Even in past (once) when the IRS has questioned this from myself, I have simply sent a letter to emphasize that my hubs is a non-resident alien - we do not live in the US and never have - this was sufficient for them (even though I still use my US addy - mom's addy - for taxes).

Hope this helps
Americans in Adelaide on Facebook: http://www.facebook.com/home.php#!/group.php?gid=18654578423
Offline Profile Quote Post Goto Top
 
TerritorianTori
Member Avatar
Dance to disco
[ *  *  *  * ]
trix
Apr 12 2010, 12:20:50 PM
You DO NOT need to get an itin number for your wife. Simply put down Non-resident alien in that space. Others (even on this forum) will argue this, but I have done it for years.
Just to clarify... if you decide to file jointly (which is what the original question was about), then you absolutely DO need an ITIN.
Otherwise, you don't. :)

Posted Image

South Texas to the Northern Territory - since 2004

I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia
Avatar by Sketch Shop Boys
Offline Profile Quote Post Goto Top
 
bubbles
Member Avatar
Chinwagger
[ *  *  * ]
Hi all! Quick tax form question, will the change of address form 8822 switch all of my tax correspondence to my new australian address? I am hopeless with taxes, I just want to make sure that is the only form I need to fill out to have my info switched over, thanks!
Offline Profile Quote Post Goto Top
 
sheowahya
True Blue Mate
[ *  *  *  * ]
Yes, you can change the address on file with the IRS by using form 8822 or by writing them a letter and including your old address and your SSN or TIN.

All future correspondence will be sent to your new address, including but not limited to forms and refund checks. Please keep in mind that if you receive your IRS refund check at your Australia address and you try to deposit it into your Australian bank account, you will be charged a small fortune for the priveledge, it will take forever to clear, and chances are you will get a horrible exchange rate. If you still have a bank account in the States, you will be better off mailing it to your US bank and having it deposited there.

Cheers,
Marilyn
My Timeline
=======

Category 136 BN - Skilled Independent.

Skills Assessment:
Applied ICAA: 13May05
Addtional Classes Required: 08Aug05
Re-submitted PASA: 05Feb07
Approved as Accountant 2211-11: 26Feb07

Main Visa Application:
Sent to ASPC: 12Mar07
Application received: 16Mar07
Acknowledgement received: 10May07
Credit Card Charged: 10May07
CO assigned: TBD
Medicals sent UNrequested: 26Jul07
PPC sent UNrequested: 18Jul07
VISA Approved: 07Nov07
Main move to Australia: 17Apr08
Offline Profile Quote Post Goto Top
 
boomerang
True Blue Mate
[ *  *  *  * ]
macaussie
May 23 2009, 06:04:50 PM
Just to add something into the mix...I have and will always be filing US tax because one has to do that as a US citizen, but I am also an Aussie citizen and resident. I filed my US 2008 taxes in April '09 this year using an agent that I have used for years in California.

Now I am residing in Australia, I have just filed my first ATO tax form for 2007-2008, used an agent and got an extension so I could pay after my '08 US filing. My agent here and I had to do a lot of research. It has been a headache as not many agents in my area have experience with a US pension.

I get a CALSTRS pension so it does not qualify for ATO exemption under Article 19 of the ITA Agreement (government) but does qualify under Article 18 (SS and public pension) because it is a "public pension". So I do not pay Aussie tax as it is exempt income, but do pay a small medicare surcharge.

However, I recently cashed in an IRA and fill have to include that in my ATO form next year and get a foreign tax credit for US taxes paid and probably pay some Aussie tax on it. Annuities,IRAs and most other pensions are taxed here first then the US second is the way I understand it. So most folks would get a tax credit in the US and not pay any more taxes because the rate there at the moment, is usually less than here!

Does anyone receive a US Federal Government pension...not Social Security, but from previous employment with the US Govt? If so do you declare this pension as taxable income in both countries...or as exempt in Australia?

I've read the International tax treaty, and Article 1 (3) and 4(b) excludes US citizens from applying Article 19 on Government Remuneration.

It seems like they've REALLY gone out of their way to make it hard for the average person to figure out their taxes......
Offline Profile Quote Post Goto Top
 
Bindie
Member Avatar
True Blue Mate
[ *  *  *  * ]
Found the official exchange rate info link on the irs site. Just thought I'd post it in the event someone else might need it.

http://fms.treas.gov/intn.html#rates
Posted Image

The future is no place/to place your better days, DMB

Canberra, ACT since 2004
Offline Profile Quote Post Goto Top
 
escameron
Member Avatar
Yacker
[ *  * ]
Hello to all previous contributors,
I'm a US citizen hopefully moving to Oz in Sept. with my US/Aussie citizen husband if my visa goes through. I also hope this isn't a silly question but since H&R Block is a US company (as I understand) can they do both tax returns through them as once? That's what I was naively thinking but some confirmation would be great :)
Thanks!
Erin Cameron

Posted Image
Offline Profile Quote Post Goto Top
 
TerritorianTori
Member Avatar
Dance to disco
[ *  *  *  * ]
escameron
Mar 9 2011, 01:20:29 PM
Hello to all previous contributors,
I'm a US citizen hopefully moving to Oz in Sept. with my US/Aussie citizen husband if my visa goes through. I also hope this isn't a silly question but since H&R Block is a US company (as I understand) can they do both tax returns through them as once? That's what I was naively thinking but some confirmation would be great :)
Thanks!
There are H&R Block offices here, but I don't think they're directly affiliated with the US company... kind of like how Target/K-Mart are completely different except for the name and logo.
You will need to find an agent that has knowledge of both systems. Your local H&R Block may or may not have one.
Posted Image

South Texas to the Northern Territory - since 2004

I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia
Avatar by Sketch Shop Boys
Offline Profile Quote Post Goto Top
 
Go to Next Page
« Previous Topic · "How Do I...?" · Next Topic »
Add Reply

Logo designed by Catnip Graphics | Buttons Designed by Thanatös of the ZB Theme Zone