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Changes to Australia’s Capital Gains Tax: Impacts on foreign and Australian residents

If successful, proposed changes would take away any rightful Capital Gains Tax Free status for a family home if sold when living overseas. Expat property and tax firm ATS has been leading a formal submission and petition against the changes.

SMATS by SMATS
26-04-2018 10:46
in Expat Life

With an established network of offices around the globe, Australasian Taxation Services (ATS) continues to dominate as the leading Australian expatriate and property tax firm, having serviced thousands of international and Australian based clients.

Capital Gains Witholding Tax – 12.5% Tax that Australian Expats need to know about

On the 9th May 2017, the Government announced changes to the foreign resident capital gains withholding (FRCGW) rate and threshold that will impact foreign and Australian residents.

If you sell an Australian property while living overseas and the property sale value is greater than A$750,000 then a 12.5% Withholding Tax will be retained at settlement and forwarded to the Australian Taxation Office on your behalf.

This is not an additional tax, rather an in advance payment pending the lodgement of your income tax return and calculation of the actual tax payable.  If your tax is less than the amount withheld then you will be refunded the difference and if the tax is more than the 12.5% then you will be required to pay the balance.

For anyone that considers the 12.5% is excessive, it is possible to vary the amount down prior to settlement so that a lesser amount is retained that more accurately represents the actual tax payable. If you are selling your property while living abroad, make sure you contact our tax team in London to quickly assess your potential tax liability by emailing [email protected].

Capital Gains Tax Principal Residence Exemption – Disastrous Changes for Expatriates

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In the May 2017 Budget, the Government announced changes to Capital Gains Tax for the Principal Residence of Foreign Investors.  The announcement was vague and incomplete, however when the draft legislation was released for comment it was diabolical.

Thankfully nothing has yet passed and ATS has once again led the way with a formal submission and petition against the changes.

ATS - leader -679954431753129381

If successful, the changes would take away any rightful Capital Gains Tax Free status for a family home if sold when living overseas.  For example, if you had lived in your home for 10 years in Australia then moved overseas and sold it 6 months later, then all the profits would be taxable whereas now it would be completely tax free.  Just because you happen to be overseas at the time of sale!

Furthermore, the draft legislation also taxes inheritance on a family home if the beneficiary is overseas at the time.

Both of these matters are a great injustice and we are fighting them vigorously.

If you haven’t already, please review the changes and become a member of APPOLA (Association of Australian Property Owners Living Abroad) by visiting www.aapola.org. APPOLA is a not-for-profit organization aimed at creating a united voice for overseas based Australian landlords. To become a

All APPOLA proceeds will be used to provide a central lobbing activity, information, news, updates and essential representation to Governments to ensure the needs and problems of foreign investors are properly heard and considered. To become a member visit the website.

______________________________________

Gain a full understanding of your Australian tax obligations and opportunities and book a no cost, no obligation consultation by phoning +44 207 538 3914, emailing [email protected] or visiting Smats.net/tax

Tags: Moneytaxtax and finance
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