About the Course
Introduction
This CLE/CPE webinar will provide tax counsel and planners with a comprehensive guide to tax planning challenges and opportunities for clients who have a tax presence in both the U.S. and Australia. The panel will discuss the U.S. tax law and treaty provisions that govern tax and fiduciary rules in both Australia and the United States. The webinar will focus on U.S. tax and other consequences for Australian clients with a U.S. tax presence and U.S. taxpayers with Australian-based pensions and other assets.
Description
The U.S. and Australia have significant economic and social ties, resulting in a constant flow of cross-border business transactions and citizens migrating between the two countries. Tax counsel and advisers must navigate challenges stemming from the interpretation and enforcement of U.S. and Australian tax rules to avoid adverse tax liability from either country.
Among the most critical planning challenges is reconciling the U.S. and Australia rules governing residence and domicile. U.S. and Australia domicile rules have some differences, and even inadvertent failure to meet filing obligations due to a misapplication of domicile rules can be costly. U.S. tax advisers serving clients with a presence in the U.S. and Australia will need to understand the domicile rules to avoid costly tax and penalties.
Another critical planning element is avoiding dual taxation on income and gains. The U.S. and Australia have a comprehensive tax treaty system that addresses most dual taxation concerns, but, as in all international planning, tax advisers must understand the particular provisions to avoid an unpleasant tax bill—or maybe two.
Other areas of concern in U.S.-Australia tax planning include the treatment of passive income and tax considerations of cross-border pension ownership, contributions, and withdrawals, in light of the recent focus on U.S. taxation of Australian Superannuation funds. Hovering over all these concerns are the extensive U.S. tax reporting requirements imposed on taxpayers with U.S. filing obligations.
Listen as our experienced panel provides comprehensive and practical guidance on navigating U.S.-Australia cross-border tax planning and reporting issues.
Presented By
Ms. Agbayani is Managing Director, Washington National Tax at KPMG US.
Mr. Malhotra supports multinational companies and cross-border individuals as they international business matters. He works with CEOs and CFOs of global organizations, global mobility managers, human resource leaders, high-net-worth individuals and cross-border individuals. As the leader of Aprio’s Global Mobility Services (GMS), Mr. Malhotra focuses on developing and growing the GMS practice, often by networking with potential prospects and leveraging referral sources from other Partners within Aprio. He specializes in compliance review, including income tax returns, tax equalization calculations, and payroll calculations. Mr. Malhotra's expertise also extends to payroll tax and foreign tax forms such as 5471s, PFICs, FBARs, and 8938s. His impact is significant – he once saved a client over $1 million in penalties and interest for delinquent tax returns and FBAR filings for 3 years by assisting with filing under the IRS streamlined process.
Mr. McCormick specializes in the areas of international taxation and multinational trusts and estates. He has published assorted national articles and given innumerous national and local presentations on assorted areas of international tax. He is licensed to practice in the State of New Jersey and the Commonwealth of Pennsylvania.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, October 20, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. The U.S.-Australia income tax treaty overview and dual tax mitigation provisions
II. Domicile and residency rules
III. Passive and unearned income treatment
IV. U.S. tax reporting requirements of Australia-sourced investments
V. U.S. tax of Australian Superannuation funds
The panel will review these and other important topics:
- What are the tax treaty provisions for mitigating dual taxation on ownership of cross-border pass-through entities?
- Limitation of benefits clauses and provisions in the U.S.-Australia income tax treaty
- U.S. tax treatment of Australian Superannuation funds
- Key risks and challenges of passive/unearned income in cross-border situations
- U.S. reporting requirements of Australia-sourced investments
Related Courses
Taxation of Digital Content, Products, and SaaS Agreements
Available On-Demand
Federal Tax Treatment of Cryptocurrency Mining and Staking Rewards
Available On-Demand
