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David2023(Newbie)Newbie
27 May 2026

My sister and I have been an non Australian Tax Resident for years.


We formed a company limited to purchase a number of properties in Hong Kong in the above time. Currently We left the property vacant for sale.


we planned to move back to Australia in January 2027.


We are putting the properties on sale right out.


If ATO assesses us to be Australian Tax Residents after we have been living in Australia for 183 days and we also completes the sale of the properties hold by our limited company in Hong Kong at that time,


  1. How do our income tax as a share holder be calculated?


Rgds,



22 views
1 replies
22 views
1 replies

All replies

YellowPotato(Taxicorn)Taxicorn
27 May 2026

Best to ask a tax agent


If ATO assesses us to be Australian Tax Residents after we have been living in Australia for 183 days

  • There are other residency tests
  • I think the ones relevant to your situation would be the resides test and 183 day test

How do our income tax as a share holder be calculated?

  • There shouldn't be Australian tax on it because didn't you say the company owns the property? - so the property isn't a CGT asset for you
  • Temporary tax residents are only liable for CGT on Taxable Australian Property
  • The CGT event for you would be disposing of the share, maybe there's CGT calculation

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