Just over a week ago, I received a message through this website from someone who had submitted an FOI request to the ATO. “Sam” expected that one of his accounts had been reported because the bank had identified him as a US Person and the balance was above the bank’s reporting threshold. The response from the ATO puzzled Sam, and it puzzled me as well. The ATO response stated that they needed to consult with a “foreign government” about whether Sam’s FATCA records were exempt from FOI under Section 33 of the FOI Act: Continue reading “FOI Take 2”
On 29 November I submitted a Freedom of Information request to the ATO requesting copies of all data about my accounts that was sent to the IRS under FATCA. The fact that I had to ask is outrageous – account holders should be automatically notified when their data is sent overseas. But, current Australian privacy law does not require any notification. Continue reading “FOI Request”
It’s been ten days now since the US election. Many (including me) were surprised by the result. Regardless of how you voted (or didn’t – I’m no longer eligible to vote), the US electorate has spoken, and it’s time to move forward under the new regime. Over on the Isaac Brock website, they are organising a letter writing and Twitter campaign to encourage the Trump transition team to enact the planks in the GOP platform calling for the repeal of FATCA and legislation to enact Residence Based Taxation (here are two other currently active threads – , ). It appears now that the current FATCA repeal bills will be re-introduced when the new Congress convenes in January.
In my last post, one of the priorities listed was more transparency in FATCA reporting. What I meant was that everyone should have the right to know what is being reported about them to the ATO/IRS by their local (foreign to the US) financial institution, and the right to correct any errors in that information. Continue reading “Transparency”
Another year, another deadline. The ATO has until 30 September to hand over another tranche of Australian bank details to the IRS under the FATCA IGA. Last year they were almost a week early when they handed over details of more than 30,000 accounts containing more than $5 billion for an average balance greater than $160,000. What will they send this year? Continue reading “Questions for the ATO”
As we approach another September 30th, the ATO is surely preparing their next data dump for the IRS. As we wait to see how much of our private financial data has been shared with a foreign nation, I thought it would be useful to find out how FATCA has affected normal Australians. I have put together a short survey. Please share it with your Australian-resident friends – whether or not they are US-tainted. Banks are asking everyone whether they’re American, not just people, like me, who can’t get rid of their accent!
On Wednesday (31 August) the Israeli High Court temporarily blocked preparations for Israel to share data with the IRS under Israel’s FATCA IGA. (Article in Haaretz)(pdf) This is a temporary injunction, with a court date of 15 September for arguments to be heard against the Israeli FATCA IGA. The plaintiffs in the case argued that FATCA violated their rights to privacy and equal treatment and that there was no compelling public purpose to the law. Similar lawsuits against FATCA have been filed in Canada and the US.
For US expats who moved to Australia decades ago, the idea that they should be filing annual US tax returns may be unreal. Many have been non-compliant for years. Because of this, FATCA and the resulting compliance push have (probably on purpose to some extent) entrapped long-term expats, who have found that the rules have changed while they weren’t looking.
One major area where long-term expats have been entrapped is superannuation. Even the IRS has no idea how to report super. There are two main alternatives during the accumulation phase (this applies to most accumulation accounts) – either just the contributions are taxable in the Continue reading “Entrapment!”