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Xing(Newbie)Newbie
24 Apr 2026

US withhold capital gain tax for SMSF. Is this capital gain tax should be calculated in Australia not US?

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1 replies
21 views
1 replies

All replies

knaresbro(Devotee)Devotee
25 Apr 2026

Some more information would be useful, please, @Xing , but it might be far better if you sought advice from a tax professional (or two) familiar with IRS and ATO obligations.

  • Are you (still) an Australin resident for tax purposes?
  • Are you a US citizen and therefore also obliged to complete IRS returns?
  • If both, where do you reside as this may affect which jurisdiction has first rights to taxes?
  • Has you SMSF invested in Australian funds holding US assets or in US assets directly?
  • If you have dual tax residency, have you considered that you may need to determine CGT separately for each country given the rules are quite different?

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Is SMSF covered by tax treaty between Australia and US? | ATO Community