Foreign Land Ownership Changes

From 1 July 2016 all Contracts of Sale of land and other businesses in Australia for more than $2m are subject to new rules about foreign investor CGT (capital gains tax) Withholding Regime.

All vendors whether foreigners or not will be required to have a clearance from the ATO.

How will this affect Visa holders ?

This means for visa holders and non residents that any sale will have 10% of the sale funds withheld by the ATO until tax returns are lodged relating to the sales and a clearance given.

See attached ATO guide. All agents should read and consider this material. Unless a clearance issued by the ATO is supplied the Purchaser will by law hold 10% and pay to the tax office.

For more information:

https://www.ato.gov.au/general/capital-gains-tax/in-detail/calculating-a-capital-gain-or-loss/foreign-resident-capital-gains-withholding/