Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
Maru85(Initiate)Initiate
24 Aug 2024

As I understand, temporary tax residents are exempt from CGT on selling overseas house.

Do they still need to include it in the tax return in IT4 target foreign income?


If Yes, do they include their share of the profit or only the taxable amount as they may receive a CGT discount in the foreign country!


Also what if it’s exempt from CGT in that foreign country, do they still need to include it in the tax return?

242 views
3 replies
242 views
3 replies

Most helpful response

Most helpful reply

AshleyATO(Tax Time Tech Expert)Tax Time Tech Expert
27 Aug 2024

Hi @Maru85,

 

Generally foreign and temporary residents are subject to CGT only on taxable Australia property, such as real estate in Australia.

 

To be a temporary resident you need to meet the following criteria:

  • You have a temporary visa.
  • You (and your spouse) are not Australian residents with the meaning of the Social Security Act 1991.

 

Therefore, CGT does not apply to overseas properties if you meet the conditions of being a temporary resident. If it is exempt from CGT in a foreign jurisdiction then this does not cause the income to be taxable in Australia. 

All replies

Most helpful reply

AshleyATO(Tax Time Tech Expert)Tax Time Tech Expert
27 Aug 2024

Hi @Maru85,

 

Generally foreign and temporary residents are subject to CGT only on taxable Australia property, such as real estate in Australia.

 

To be a temporary resident you need to meet the following criteria:

  • You have a temporary visa.
  • You (and your spouse) are not Australian residents with the meaning of the Social Security Act 1991.

 

Therefore, CGT does not apply to overseas properties if you meet the conditions of being a temporary resident. If it is exempt from CGT in a foreign jurisdiction then this does not cause the income to be taxable in Australia. 

Loading
Do temporary residents include selling overseas home in their tax return | ATO Community