Filing in both US and Australia — what do I file?

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Answer

A corridor with heavy professional migration and superannuation on one side that the US system does not recognise the way it recognises domestic plans. Two obligations, one income. A treaty allocates the tax; it does not consolidate the filing.

What has to be filed in each

A corridor with heavy professional migration and superannuation on one side that the US system does not recognise the way it recognises domestic plans.

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Where the general answer is wrong

US persons in Australia deal with superannuation characterisation and fund reporting; Australians in the US deal with their own home-country residency exit.

Filing in both US and Australia — what do I file?
ItemAmount
Income taxed in both countriesC$162,000
Tax paid abroad (assumed 20%)C$32,400
Home tax on the same income (assumed 32%)C$51,840
Credit available (lesser of the two)C$32,400
Home tax still payableC$19,440

The credit absorbs C$32,400 and leaves C$19,440 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting.

Illustrative figures, not a client engagement: the amounts are chosen to make the mechanism legible, and the rates and thresholds are assumptions stated for the example only. We confirm every one of them against the issuing authority for your own tax year before anything is filed.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on US ↔ Australia cross-border tax. One call now is worth more than a filing season of guessing.

Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

US Australia tax treaty — what this page covers

People reach this page searching for US Australia tax treaty. It is covered here as it applies to US and Australia — who it applies to, what has to be filed, and what it costs, at a fixed fee agreed before the work starts.

Files that look like this one

Case study 1

One earnings schedule used for two returns

A client on an Australian posting had a US preparer working from payslips and an Australian agent working from the local payroll summary, and the two returns never showed the same salary. We built a single schedule of earnings and tax by month and workday, agreed it against both sets of records, and had each return prepared from it. The engagement produced two filings that reconcile line by line, relief claimed against the Australian assessment rather than against withholding, and a schedule template the employer now issues at each year end.

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Case study 2

A departure-year filing prepared alongside a first US return

A client was leaving Australia for the United States and wanted both sides handled together. We prepared the Australian departure-year filing on the basis that residence ceased, dealt with what cessation brought into that year for the assets held, and used the same dates and values to compute the first US year. The engagement produced a closed Australian file, a first US return consistent with it, and a written record of the carried-over basis, so a question about either filing can be answered from one set of papers.

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Case study 3

A superannuation position recorded once and used in both filings

A client had two sets of advisers giving different answers about superannuation: one treating it as outside the US computation, the other reporting fund income as it arose. We settled the characterisation on the fund's actual terms, wrote up the reasoning, and applied that single position to both the tax computation and the informational filings. The engagement produced consistent returns for the open years, the fund reporting the position required, and a document both advisers now work from, so the treatment no longer changes with whoever prepares the year.

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Case study 4

Fund reporting rebuilt for several unfiled years

A client had filed US returns for years, claiming relief for Australian tax, but had never made any of the informational filings for the Australian funds and accounts held. The tax side looked complete, so the gap had gone unnoticed. We inventoried the holdings, established which reporting applied in each open year, and filed them. The engagement produced the missing informational set, a reconciliation with the returns already on record, and a checklist tying each fund and account to the filing it generates.

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Case study 5

A consultant invoicing an Australian company for visiting work

A US-based consultant invoiced an Australian company for work performed partly on visits to Australia and partly at home. The company had withheld on the whole fee. We allocated the fee by where the work was actually done, established what Australia was entitled to tax, and reclaimed the balance on the Australian side while computing the US return on the full amount with relief for the tax properly due. The engagement produced a recovered withholding, a documented allocation method, and invoicing wording that keeps later years straightforward.

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Case study 6

A couple with one filer in each system

A couple had one spouse filing in the United States and the other only in Australia, with joint accounts, a jointly owned property and separate superannuation. Each adviser had assumed the other was covering the shared items. We established ownership and reporting responsibility for every asset, allocated rental income and expenses between them, and set out which filings each spouse generates. The engagement produced returns on both sides that agree about the shared assets, the informational filings for the reportable accounts, and a written split the couple apply each year.

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Case study 7

Never Filed a US Return — and Only Just Found Out

Born in the United States, left as an infant, and told by a bank that the returns were owed all along. The work is sequencing: establish which years are actually open, choose the catch-up route on the facts rather than filing quietly, and claim the exclusions and credits that were never taken.

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Case study 8

An IRS Notice for a Year the Client Believed Was Settled

Most notices are proposals rather than assessments, and they carry a response window that is shorter than it looks. The engagement reads what is actually being proposed, gathers the support, and replies inside the window with the position rather than a request for time.

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All case studies — every published engagement in one place.

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Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

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The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

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Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

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The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Performance income is taxed where earned — Regulation 105 in Canada, withholding agreements in the U.S. — with special treaty articles overriding the usual rules.

Performance income is taxed where the performance happens, and the deduction is usually taken at source on the gross fee before expenses. Recovering the difference is a filing exercise in the other country, and it only works if the tour, the residency and the withholding certificates were documented while the work was being done.

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Questions that come up on US and Australia

What do I file in each country if I work in Australia?

Expect a return in each. Australia taxes the work done there and issues its own assessment; the United States taxes its citizens and residents on worldwide income and then computes relief for the Australian tax. The treaty allocates the taxing rights between them but does not consolidate the paperwork, so the same salary appears on two returns prepared under different rules and to different year-ends. Alongside the returns sit informational filings on foreign accounts and funds, driven by what you hold rather than by what you owe. Superannuation belongs in that second category as well as the first.

Does my superannuation have to appear in a US filing?

It has to be considered in two places. Whether fund income enters your US computation depends on how the arrangement is characterised, because the US system does not automatically extend to superannuation the treatment it gives its own retirement plans. Separately, fund and account reporting can apply whether or not the characterisation produces any tax. So the answer is rarely a simple yes or no. It is a characterisation decision, recorded once, that then determines both what goes on the return and which informational filings accompany it.

I have left Australia for the US, what is my last Australian filing?

A departure-year return on the Australian side, prepared on the basis that residence ceased, together with whatever the cessation itself brings into that year for the assets you held. That filing does more than close the Australian file. It fixes the date from which income belongs to the United States and establishes the basis of anything carried across, which the US return then has to be consistent with. Prepare it before or alongside the first US return rather than after it, so both are built on one set of dates and figures.

Do I file in both countries in the year I move?

Usually yes, and that is normal rather than a sign something has gone wrong. Each country taxes the part of the year belonging to it under its own residence rules, and those rules are not designed to hand over cleanly on a single date. The work is to allocate employment income by where it was earned, identify the income each country is entitled to tax first, and make both returns use the same schedule. Two returns built from one schedule reconcile; two returns built from two sets of annual summaries do not.

Which Australian income has to go on my US return?

As a US citizen or resident, income is reported on a worldwide basis, so Australian salary, rents, interest, dividends and gains all enter the US computation, with relief then claimed for Australian tax properly paid on the income Australia taxes first. Superannuation is the item needing separate thought, because its US treatment follows characterisation rather than its Australian label. The practical rule is to start from everything and apply relief and exclusions deliberately, rather than starting from what Australia taxed and adding to it afterwards.

My Australian employer reports my pay, does that replace my filing?

No. An employer's payroll reporting and the withholding it operates are inputs to your return, not a substitute for it, and they are prepared to the Australian year rather than the US one. On the US side you file in your own right, and the relief you claim rests on tax finally determined, which comes from the Australian assessment rather than from a payroll summary. Keep the payroll documents, but treat the assessment as the figure the relief claim stands on.

How do families with assets in two countries handle inheritance?

With paperwork built for both systems rather than one. In practice that means wills that work where each asset actually sits, an executor with authority a foreign bank or land registry will accept, clearance certificates before the estate distributes so the executor is not left personally exposed, and an estate tax exposure calculation done while the person is alive and can still act on it. Doing it afterwards costs more and forecloses most of the options. See cross-border wills and trusts.

Do American citizens living abroad have to pay taxes?

American expats and green card holders need to file US returns for life, and many of them pay little or no US tax once the relief is applied — but the filing is what unlocks the relief, so the two questions have different answers. The exclusion for foreign earned income, the credit for foreign tax already paid and the treaty between the two countries between them usually leave the total at roughly the higher of the two countries' tax rather than the sum. Skip the return and none of it applies. See Americans abroad.

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