Occasional Newsletter
No. 2 of 2007, 4 October 2007
In this Issue
Some Citizenship Application Forms Have Changed

New Australia-US Work and Holiday Agreement

Improved Working Holiday Agreement Between Australia and Canada

New Australian Diplomatic Appointmrnts

New Austrade Trade Office in New Orleans

Australia's International Social Security Agreements

Centrelink

Electoral Issues

Taxation - Capital Gains Tax

Taxation - Investments in Australia and Overseas

Superannuation




From the Editor
Many thanks to those who sent us messages about the first issue of the Newsletter. We appreciate your input and look forward to hearing from more of you.

One issue that was identified to us was that the system that maintains our e-mail lists is unable to recognise that some people actually do leave the United States or Canada to live in other countries. It refuses to allow people wishing to register such a move to delete the US State or Canadian province that is recorded against their name. While we are taking this up with our provider, the only work-around that seems possible at this stage is to unsubscribe and then re-subscribe at the new address. We are sorry about this but rest assured that while ever we have your correct e-mail address you will continue to receive our messages.

In this issue you will find more links to information on taxation and our first foray into the complicated area of superannuation.

Regards


John (Sid) MacGregor
Editor
Canberra and Brussels
editor@southern-cross-group.org


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A Thank-You to our Sponsor The Monthly for Australians Abroad

The Southern Cross Group is pleased to thank The Monthly for Australians abroad, our sponsor for this issue.

The Monthly, Australia's independent magazine of politics, society and culture, has a new online edition for Australians living overseas to enjoy.

At last, Australian expats have a way of staying in touch with top thinkers and writers from home. These include Robert Manne, Gideon Haigh, Chloe Hooper, Shane Maloney, Clive James, Ashley Hay, Craig Sherborne, Inga Clendinnen, Mungo MacCallum, Judith Brett ... and many others.

The online edition is called The Online Monthly and it publishes the full text simultaneously with the print edition. An annual subscription is only AU$40.

Plus, enjoy reading over 60 best Australian essays free.


Would your business like to sponsor future editions of this newsletter? Sponsorship money is essential to enable the SCG to keep serving the Australian Diaspora. The SCG is entirely volunteer-run and has no paid staff. Sponsorship and donations help offset overheads such as web-hosting fees, postage, stationery, and other sundry outlays. Contact us for further information at info@southern-cross-group.org
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Some Citizenship Application Forms Have Changed

The Australian Department of Immigration and Citizenship (DIAC) has just published several new application forms to be used by those applying for citizenship BY CONFERRAL under the Australian Citizenship Act 2007. The new forms coincide with the introduction of a citizenship test for many people seeking Australian citizenship by conferral.

The old Form 124 no longer exists. All applications for Australian citizenship by conferral made from 1 October must use the correct new form.

If you are a person born outside Australia to a parent who had forfeited their Australian citizenship under the old Section 17 by the date of your birth, i.e. you were born to a former Australian citizen, then you will be applying for citizenship by conferral under Section 21(6) of the 2007 Act and you must now use Form 1290. You do not have to sit the new Australian citizenship test. For further information on applying for this special category of Australian citizenship by conferral see this page of the Australian Government Citizenship website.

Watch out for other Citizenship Application Form Changes!

Resumption of Australian Citizenship: If you are someone who lost or renounced their Australian citizenship and now wishes to resume, you can (as at the date of this newsletter) still use the July 2007 version of Form 132. Note however that it is highly likely that Form 132 will be updated and replaced on 1 November 2007 or shortly thereafter. If you are lodging your completed resumption application form on or after 1 November, make sure you check that you have the latest version of the resumption application form right before you file. If you try to file an out of date form, your application will be sent back to you and you will have to re-do it. You can see the edition/design date of the Form by looking in the bottom right hand corner of each page. "07/07" means the July 2007 edition. The very latest (currrent) edition of Form 132 should always be downloadable from this link.

Australian Citizenship by Descent: If you are a person born outside Australia who had an Australian-citizen parent at the time of your birth, then you must use Form 118 to apply for Australian citizenship. As for Form 132 for resumption, the July 2007 edition of Form 118 is still in force at the date of this newsletter, but it is very possible that Form 118 may be replaced on 1 November or shortly thereafter. Make sure you have the current most up to date version of Form 118 on the date you are ready to lodge your application by clicking here.

Remember that current versions of all Australian Citizenship forms are always available on the Government's Australian Citizenship Website in pdf format, along with instructions as to the required supporting documentation, filing fees, and other handy information.

If you are not sure which form to use, contact the SCG at info@southern-cross-group.org.

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New Australia-US Work and Holiday Agreement
On 4 September 2007 Australia and the United States signed a Memorandum of Understanding (MOU) establishing arrangements for a Work and Holiday scheme between the two countries
In a media release announcing the MOU the Assistant Minister for Immigration and Citizenship, Teresa Gambaro MP said 'For Australian passport holders to be eligible for the visa, they must be enrolled in, or have graduated from a post secondary course of study in the last 12 months and be sponsored by a registered organisation.'
'US passport holders must be aged between 18 and 30 and provide evidence they are enrolled or hold post secondary qualifications, among other standard visa requirements.
See Assistant Mininister's Speech and Departmental Fact Sheet

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Improved Working Holiday Agreement Between Australia and Canada

On 10 September 2007 Australia and Canada signed a Memorandum of Understanding (MOU) which improves the working holiday agreement between the two countries.
In a media release announcing the MOU the Assistant Minister for Immigration and Citizenship, Teresa Gamboro MP said "The MoU allows eligible Australians aged 18-30 years to stay and work in Canada for two years. It also allows Australians unlimited access to the programme, and will remove the annual quota on visa applications that previously existed.'
'Canadians entering Australia under the Working Holiday Maker programme will be issued with a 12 month visa which allows them to work for up to six months with each employer and study for up to four months. They can apply for a second year's visa if they complete three months seasonal work in regional Australia in the first year.'
Departmental Fact Sheet
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New Australian Diplomatic Appointments

The Minister for Foreign Affairs, Alexander Downer announced on 11 September 2007 that Mr Glenn Miles will be the new Australian Ambassador to Kuwait. He is expected to take up his appointment in December 2007.

The Minister also announced on 17 September that Mr Christopher Langman is to be Australia's new Ambassador to the OECD. He is expected to take up his appointment in January 2008.
On 4 October 2007 the Minister announced two further diplomatic appointments. Mr Peter Heyward is to be Australia's new Ambassador to East Timor. Mr Heyward will replace Ms Margaret Twomey who has been Ambassador since August 2004 and is expected to take up his appointment in January 2008.

Ms Anita Butler is to be Australia's new Consul-General in Noumea, with accreditation covering New Caledonia, French Polynesia and Wallis and Futuna. Ms Butler will replace Jane Urquhart who has been Consul-General since December 2004 and is expected to take up her appointment in November 2007.



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New Austrade Trade Office in New Orleans

The Minister for Trade, the Hon. Warren Truss MP announced on 2 October 2007 that a new Austrade office in New Orleans is to service the Gulf Coast area of the United States.

Mr Truss said that the Gulf Coast region - which extends from eastern Texas to Florida, including the states of Louisiana, Mississippi and Alabama - presented significant commercial opportunities for Australian business.

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Australia's International Social Security Agreements

In the last issue of the SCG Newsletter we mentioned the new social security agreements that Australia has in the making.
Currently, there are 18 bilateral agreements already in effect which close the gaps in social security systems for people who migrate between countries. The agreements are administered by the Department of Families, Community Services and Indigenous Affairs (FaCSIA). To find out more see the International Social Security Agreements page on the FaCSIA website.
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Centrelink

Apart from the benefits that Australian expats may gain from the international social security agreements, expats may also find that they have other entitlements under Australia's welfare system which is administered through the Government's Centrelink agency.
There is much on the Centrelink website which will be of interest to those planning to return to live in Australia. On the other hand, those living in Australia who intend to become expats in the future, should do some research to ensure that they retain any benefits that are available to them.

Centrelink Home page
Centrelink International Services

Centrelink information for those living overseas permanently

Centrelink information on which benefits are paid overseas

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Electoral Issues

In the last issue we provided links to the Australian Electoral Commission's (AEC) divisional maps for electorates in the ACT, NSW and Queensland where redistributions have changed Divisional boundaries. The AEC has now made available detailed information and maps for all Federal Divisions.
As at the time of sending this message, the federal election has still not been called. You still have time, but not much, to check out your voting status - see the information on the SCG website.
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Taxation - Capital Gains Tax (CGT)


SCG Note
All we are seeking to do in regard to taxation matters is to make you aware of some of the issues that may affect you. It is for you to do your own research and make your own decisions about the issues.

We are not qualified or competent to provide personal advice on the matters we identify, nor are we able to respond to any queries you may have.

Many Australian expats and intending expats have assets in Australia which may attract CGT when sold. During the last year there were significant changes to CGT law which benefited non-residents. In particular, many assets now do not attract CGT when sold by non-residents. However, real estate assets are not CGT exempt.

In general, Australia's capital gains tax (CGT) applies to assets held by residents. CGT assets include shares, units in a unit trust, collectables (such as jewelry), assets for personal use (such as furniture or a boat) and other assets (such as an investment property).

CGT information available on the ATO website includes:
(In each case you will need to use the links on the right hand side of the page to see all of the available information).

CGT Essentials (for individuals)

CGT on foreign residents, temporary residents and changing residency

Guide to Capital Gains Tax 2006-07 (A new guide is issued towards the end of each financial year)

Changes to the Guide to CGT 2006-07

Capital gains tax update 2007-08 income year.

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Taxation - Investments in Australia and Overseas

Given that many expats have, or will acquire, investments in Australia, including rental properties, the following links may be worth exploring:

Investing in Australia

Investing in Australian Property

Records relating to real estate

ATO Guide to Rental Properties 2006-07

Expats with overseas investments who may be thinking of once more becoming Australian residents should have a look at Investing overseas - overview

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Superannuation

SCG Note
All we are seeking to do in regard to superannuation matters is to make you aware of some of the issues that may affect you. It is for you to do your own research and make your own decisions about the issues.

We are not qualified or competent to provide personal advice on the matters we identify, nor are we able to respond to any queries you may have.

Australian Superannuation

The Australian Taxation Office (ATO) carries many responsibilities in relation to superannuation. Individuals seeking general information in relation to their situation may find the answers through the links on the ATO superannuation portal for individuals.

As with tax law, Australian superannuation law seems to be in a constant state of flux. To keep up with changes you might like to subscribe to the ATO and/or Fido newsletters:

If you are an Australian citizen and have made contributions to an Australian superannuation fund then, generally, those contributions are only available to you when you have reached retiring age.

If you have money in two or more funds then you should consider transferring those contributions to a single fund of your choice - see further the Australian Government advice at:
Superchoice
and
Fido

In particular read the information on the Fido website about "early release of super" scams.

Download form: Request to transfer whole balance of superannuation benefits between funds

Finding "lost super"
If you have moved between jobs in Australia you may have lost track of some of your previous contributions. The ATO can help you track this down

Super Fund Lookup
If you need to obtain information about a super fund, including contact details, use the Super Fund Lookup link on the ABN Lookupwebsite.


Australia's Bilateral Agreements on Superannuation.
These cover the situation where an employee is sent overseas on a temporary basis by an employer and superannuation deductions are required by the legislation of both countries - see the ATO advice

Repatriation of O/S Super
If you have superannuation investments in an overseas country and are thinking of returning to Australia to live you need to understand the options relating to your overseas super.
Super lump sums from a foreign super fund. Note particularly the 6 month window available for tax free transfers.

Tax treatment of transfers from foreign super funds.

Applicable form
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SCG Contact Information

Newsletter Editor John (Sid) MacGregor editor@southern-cross-group.org

Europe Anne MacGregor anne@southern-cross-group.org

United Kingdom Eric Brown eric@southern-cross-group.org

North America Robyn Stephenson robyn@southern-cross-group.org

Asia Ed Smith ed@southern-cross-group.org

Australia Jacqui Mowbray jaqui@southern-cross-group.org


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