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mau74(Initiate)Initiate
5 Sept 2023

Hello,

I stopped being an Australian resident in August 2021, when I moved to Italy.

From 8/2021 to 11/2023 I have been tax resident in Italy, and have been in Italy the whole time, even if I kept my Australian job (I partially worked remotely and the rest of the time I have been on leave.)

During this period, I have realised some capital loss trading crypto.

In November 2023 I will move back to Australia.

In Italy capital loss can only be used to compensate capital gains realised in the next 4 years, so if I won’t go back to Italy I will waste the credit, which of course I would like to avoid.


Australia and Italy have an agreement that deals with similar situations, but to my knowledge they are limited to taxes that have been in fact paid, not to credits from capital losses.


Is there any way to use the capital loss realised while resident in Italy to compensate future capital gains realised while resident in Australia?


Thanks


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CatherineATO(Community Support)Community Support
10 Sept 2023

Hey @mau74,


If you're a non-resident and you have a CGT event related to assets that aren't taxable Australian property then generally you can't carry forward any losses from another country. Will you qualify as a temporary resident when you return or are you a citizen/perm resident? Foreign and temporary residents aren't subject to CGT here unless its Australian taxable property. You can check out your residency status and CGT on our website.

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Most helpful reply

CatherineATO(Community Support)Community Support
10 Sept 2023

Hey @mau74,


If you're a non-resident and you have a CGT event related to assets that aren't taxable Australian property then generally you can't carry forward any losses from another country. Will you qualify as a temporary resident when you return or are you a citizen/perm resident? Foreign and temporary residents aren't subject to CGT here unless its Australian taxable property. You can check out your residency status and CGT on our website.

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Using capital loss realised while resident in Italy to reduce capital gains in Australia | ATO Community