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Lionc(Initiate)Initiate
5 June 2024

Hi There,


I came to Australia as temporary resident initially and I had an oversea property that time. I just sold the property recently, but sold price was dropped dramatically compared to the time I came to Australia.


May I have some help to clarify if I can claim negative gearing on this case? If so, how could I calculate the loss? Thanks!


Thanks & Regards

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395 views
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Most helpful replyATO Certified Response

Taxduck(Taxicorn)Taxicorn
ATO Certified Response5 June 2024

If you are still a temporary resident then the CGT event is not declared.

A CGT event is calculated by deducting cost base from sale price. Cost base can consist of 5 elements. Element 1 is acquisition cost. When changing tax residency the acquisition cost on overseas property is market value of property on date you become a tax resident (permanent not temporary).

https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/how-changing-residency-affects-cgt#ato-BecominganAustralianresident

See this link for other elements

https://www.ato.gov.au/forms-and-instructions/capital-gains-tax-guide-2021/whats-new/does-capital-gains-tax-apply-to-you/what-is-the-cost-base

All foreign currency amounts have to be converted to AUD.

If you have a significant CGT event happening it is often advisable to seek professional tax advice (from a tax agent) for the calculation. This is done at the same time as your tax return is prepared then lodged.

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Lionc(Initiate)Initiate
5 June 2024

Sorry, I think I meant to ask "capital loss" instead of "negative gearing". Thanks.

Most helpful replyATO Certified Response

Taxduck(Taxicorn)Taxicorn
ATO Certified Response5 June 2024

If you are still a temporary resident then the CGT event is not declared.

A CGT event is calculated by deducting cost base from sale price. Cost base can consist of 5 elements. Element 1 is acquisition cost. When changing tax residency the acquisition cost on overseas property is market value of property on date you become a tax resident (permanent not temporary).

https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/how-changing-residency-affects-cgt#ato-BecominganAustralianresident

See this link for other elements

https://www.ato.gov.au/forms-and-instructions/capital-gains-tax-guide-2021/whats-new/does-capital-gains-tax-apply-to-you/what-is-the-cost-base

All foreign currency amounts have to be converted to AUD.

If you have a significant CGT event happening it is often advisable to seek professional tax advice (from a tax agent) for the calculation. This is done at the same time as your tax return is prepared then lodged.

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