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Schorsch(Enthusiast)Enthusiast
25 Sept 2023

Say I wanna permanently move to Germany this year. But instead of doing the standard "deemed disposal" of my shares when leaving, I choose to pay taxes when I actually sell, e.g. in 2025 as a German resident.

As far as I understand, I'd have to pay the CGT up until the date of selling, without receiving the 50% discount.

How does that work with the double taxation agreement between Australia and Germany though? Do I have to pay CGT for the same share in both countries?

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ChantelleATO(Community Support)Community Support
27 Sept 2023

Hi @Schorsch


Your understanding is good. If you choose to disregard any gains and losses when your residency changes, your shares will be regarded as taxable Australian property. This means if you sell your shares as you plan to, you'll be subject to CGT here and you'll need complete an Australian tax return. We don't interpret the tax treaty here, but if it will provide guidance for your situation including relief from being taxed twice.

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Most helpful reply

ChantelleATO(Community Support)Community Support
27 Sept 2023

Hi @Schorsch


Your understanding is good. If you choose to disregard any gains and losses when your residency changes, your shares will be regarded as taxable Australian property. This means if you sell your shares as you plan to, you'll be subject to CGT here and you'll need complete an Australian tax return. We don't interpret the tax treaty here, but if it will provide guidance for your situation including relief from being taxed twice.

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