Non-Residents Can No Longer Claim the CGT Main Residence Exemption

Matthew Marcarian   |   28 Jan 2020   |   2 min read

On December 5th 2019 the contentious law denying non-residents the Capital Gains Tax (CGT) main residence exemption was passed.

This means that the update we previously provided on this legislation is still in force. If you are no longer an Australian resident, or are permanently moving overseas, and you still own a property that was your main residence in Australia, then you need to know what this means.

Existing Non-Residents with Main Residence Property In Australia

Did you purchase your Australian main residence before 9 May 2017? If you did then you only have until 30 June 2020 to sell your property if you want to claim the CGT main residence exemption.

After this date non-residents will not be able to claim the exemption. Basically this means you will be assessed on the full capital gain.

On the other hand, if you plan to return to Australia in the future then you may still be able to claim the exemption. If this is the case then you can wait to sell your former main residence once you return to Australia. Once you are a tax resident again then you will be assessed as an Australian tax resident. This means the law will again allow you to claim whatever main residence concession you would ordinarily be entitled to. Given the rise in Australian property prices over the last decade, this change could see an Expat caught unaware, being exposed to capital gains tax of several hundred thousand dollars (if not more), depending on the situation.

For a more detailed look at what the law entails please refer to our “Update on CGT Main Residence Exemption for expats” post.

Seek Tax Advice

The change in law has the potential to significantly impact non-residents. While you can get a general overview from the information provided in our blog, it is important that your specific situation be assessed by a tax specialist. This is important because your individual situation will be dependant on many variables that can’t be adequately covered in a general blog. A personalised assessment will ensure that you understand your options and can make the best decision for your situation.

NEED ASSISTANCE FOR YOUR SITUATION?

Contact us today
Contact Us

"*" indicates required fields

Do you need tax services in our other regions?
By providing us your information you agree to our privacy policy

More articles like this

 

U.S. Estate Tax Exposure For Non-Residents With U.S. Assets 


24th Jun 2024
John Marcarian

Non-residents of the United States who own US assets can be subject to US estate tax, which can significantly impact their estate planning strategies  This article will discuss the exposure...

 

Understanding Section 962 of the IRC: An Essential Tool for U.S. Tax Residents with Foreign Investments


30th May 2024
John Marcarian

The United States tax code presents a labyrinth of rules and regulations, particularly for US residents with investments in foreign corporations These complexities are magnified when dealing with...

 

Tax Implications Of 401(k) And IRA Plans For Australian Tax Residents


9th Apr 2024
Matthew Marcarian

Retirement savings, especially when managing finances across international borders, can be complex If you live in Australia, but hold plans in the USA, you need to understand the tax implications of...

 

U.S. Estate Tax Exposure For Non-Residents With U.S. Assets 


24th Jun 2024
John Marcarian

Non-residents of the United States who own US assets can be subject to US estate tax, which can significantly impact their estate planning...

 

Understanding Section 962 of the IRC: An Essential Tool for U.S. Tax Residents with Foreign Investments


30th May 2024
John Marcarian

The United States tax code presents a labyrinth of rules and regulations, particularly for US residents with investments in foreign corporations...

 

Tax Implications Of 401(k) And IRA Plans For Australian Tax Residents


9th Apr 2024
Matthew Marcarian

Retirement savings, especially when managing finances across international borders, can be complex If you live in Australia, but hold plans in the...