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4 Apr 2022

Hi team! I'm leaving Australia shortly for the UK and I want to know whether my foreign shares (vested RSUs in a US company) will have a deemed disposal date when I leave the country. i.e. can I simply leave Australia and not have to pay CGT on these shares? Is the 'exit tax' only for Australian shares and property?


Thank you!

1,389 views
3 replies
1,389 views
3 replies

Most helpful response

Most helpful reply

JodieR_ATO(Community Support)Community Support
31 May 2022

Hi @DeanT123,


Yes, your understanding is correct. Your deemed to of acquired your overseas capital assets when you become an Australian resident for tax purposes, disposal date would be when you depart Australia. However, if you remain on a temporary resident visa, you may not be looked at for your overseas capital assets here. You would still need to declare any overseas employment income though.


You can check out under foreign income exemption for temporary residents.


So any capital gain/loss would be the difference in cost basis of date X and Y, is that correct?

If reportable here, correct.


You'll need to determine the cost base of your shares when you arrive here, likewise when you depart Australia. You'll receive a Notice of Assessment if you're required to lodge a tax return here.


Safe travels :)

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ATO Certified Response
BlakeATO(Community Support)Community Support
ATO Certified Response6 Apr 2022

Hi @BallinaBilly


It all depends on if your tax residency is changing. If it doesn't, then no. If it does, then yes.


Australian tax residents are liable for CGT on all of their worldwide assets. But foreign tax residents are liable for CGT only on taxable Australian property. Mostly that means Australian real estate and rights to it. It doesn't include shares.


If you're a tax resident, and you become a foreign resident when you leave, yes. Because Australian residents are liable on worldwide shares, but foreign residents aren't, you'll have a deemed disposal when you leave. It isn't an "exit tax" or separate from normal CGT. It's just a conversion as part of your changing tax residency.


You can read about how changing residency affects CGT on our website. We also have a previous thread about RSUs on Community you might want to check out, too.

DeanT123(Newbie)Newbie
29 May 2022

Hi,

I have a question relating to exit tax.

I'm an Australian citizen, but a foreign tax resident. I hold international shares in my portfolio. I plan to return to Australia for a while for carer duties, but only for up to a year at most.


If I'm understanding correctly, I'd be deemed an Australian tax resident once I return. So my international share holdings would be deemed acquired on date X, and when I leave, it'll be a deemed disposal on date Y.


So any capital gain/loss would be the difference in cost basis of date X and Y, is that correct?


If there was a capital gain during this time, does my share cost basis also get re-adjusted? And am I able to prove this to the tax authorities abroad with some certified document from ATO, or via some double tax agreement?


thanks!

Most helpful reply

JodieR_ATO(Community Support)Community Support
31 May 2022

Hi @DeanT123,


Yes, your understanding is correct. Your deemed to of acquired your overseas capital assets when you become an Australian resident for tax purposes, disposal date would be when you depart Australia. However, if you remain on a temporary resident visa, you may not be looked at for your overseas capital assets here. You would still need to declare any overseas employment income though.


You can check out under foreign income exemption for temporary residents.


So any capital gain/loss would be the difference in cost basis of date X and Y, is that correct?

If reportable here, correct.


You'll need to determine the cost base of your shares when you arrive here, likewise when you depart Australia. You'll receive a Notice of Assessment if you're required to lodge a tax return here.


Safe travels :)

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'Exit Tax' - Do foreign shares (vested RSUs in US company) attract CGT when becoming non-resident? | ATO Community