Forms 3520/3520-A for Australian super
I’m a US citizen living in Australia and have about AUD40,000 in super. It’s not an SMSF, it’s a normal regulated super account but I made all the contributions myself. I am not making any more.
I’ve been told this makes it a foreign grantor trust (which I can see) and that I may have to file Forms 3520 and 3520-A every year. I can’t access the money for around another 12 years, and the annual accounting fees could end up eating most of the super.
Has anyone been in a similar situation? Did your accountant say the forms were required, or that your super qualified for the Rev. Proc. 2020-17 exemption?
Also, has anyone looked at the proposed 2024 foreign-trust regulations, REG-124850-08? They seem to include a broader exemption for certain foreign retirement trusts, but I can’t get a clear answer on whether they can be relied on before they’re final. I have gotten 3 CPA opinions and they all vary and no one can give me a definite answer.
Is there any way out? It seems painful that starting a super could lead to 15 years of expenses.
Does anyone have comments or experience with this?