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_Tax_Saver(Newbie)Newbie
8 Mar 2021

Hello

I am an Australian resident for tax purposes. I am planning to sell an overseas property held for more than 5 years. I believe from a response to a previous question that I will be able to avail 50% CGT discount on sale of this property when I file my income tax return in Australia. But will the tax paid overseas be discounted by 50% as well?

For example:

Long Term Capital Gain A$100,000

Overeas tax (A$ Equivalent): A$15,000

When I file my tax return in Australia I will include A$50,000 (after LTCG discount) as income;

Will the overseas tax paid also discounted to A$7,500 or will I get 15,000 as tax credit for the overseas tax paid?

Best Regards

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2,256 views
5 replies

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BlakeATO(Community Support)Community Support
9 Mar 2021

Hi @Tax_Saver,

That's correct. If you use the discount method, half your earnings are taxable from the CGT event, and your foreign income tax offset is halved too as a result.

This is covered in Burton v Commissioner of Taxation, with you can read the decision impact statement on our legal database.

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Most helpful reply

BlakeATO(Community Support)Community Support
9 Mar 2021

Hi @Tax_Saver,

That's correct. If you use the discount method, half your earnings are taxable from the CGT event, and your foreign income tax offset is halved too as a result.

This is covered in Burton v Commissioner of Taxation, with you can read the decision impact statement on our legal database.

_Tax_Saver(Newbie)Newbie
10 Mar 2021

Thank you for this. Will it make a difference if the property was inherited at a time when the individual was non-resident (but Australian citizen) and is being sold when being a tax-resident. During the total ownership period the individual was non-resident for 4 years and resident for 4 years (non-resident from 2013-2017 and resident from 2017-2021).

Thanks in advance

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50% Discount on sale of overseas property | ATO Community