aussiebobaustin
Returning Member

Retirement tax questions

Thanks PK,  

 

I believe your ideas and opinions help.

 

1. I was getting ready to contact Castro and Company  ie John Anthony Castro since his video was compelling .

     Assuming he is the author of the journal article above ( https://scholars.law.unlv.edu/nljforum/vol2/iss1/6/ ) , I am not sure I can take anything from it since he seems to be in trouble with the IRS assuming it is the same John A Castro ?

 

2. I like the idea of calling Superannuation as a Social Security equivalent that  via the Treaty is only taxed in the country of origin but there seems a catch with the "Saving Clause" where the IRS could ignore the Treaty with Australia. Having said that I, am in no position as a non-lawyer to defend any interpretations I may have .

 

3. There seems some work on Treaty changes / fixes to address Australian Superannuation  I found here......  https://fixthetaxtreaty.org/     but its going to take too long me and it may never happen.

 

4. Your idea of filing an Australian Tax return is new.... I haven't filed one for say 25+ years and it would give the Australian tax  folks  a chance to tax the Superannuation , but to my knowledge the distributions are not subject to Australian tax.

 

I think I will have to "punt" since I don't have the expertise to handle this and the penalties for a miss step seem way high.  If I can find a tax firm  who are confident about how this is handled for the IRS to be satisfied , I think I will just pay the money as a way to protect myself.

 

Thanks for all the help from you and Opus 17,  I appreciate it ... Bob.