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Foreign Resident Capital Gains Tax Withholding

The new withholding system that will apply when non-residents dispose of certain taxable Australian property starts from 1 July 2016.

In very broad terms, when a non-resident disposes of certain taxable Australian property (e.g., land and building in Australia) the purchaser will generally be required to withhold 10% of the purchase price and pay this to the ATO.

Although the new system applies to real property – including residential property – real property transactions with a market value under $2 million are excluded.

If you are considering buying a property from a non-resident vendor, please contact us to determine if you will have a withholding and reporting obligations under the new legislation.

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