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Jackson338(Initiate)Initiate
7 Oct 2024

I am currently an australian tax resident and I have foreign savings held overseas about 18 years ago which were derived from my overseas business income. These funds have already been taxed 18 years ago. In recent years, I have some invested in foreign shares with these overseas funds held in foreign bank account and have some capital gain. Australia and Malaysia has double tax treaty arrangements. Malaysia has no capital gain tax and no tax for shares and interest income received by foreign tax resident. There is no requirement to lodge a Malaysian tax return as there is no overseas tax. There is no Foreign tax credit or Foreign tax offset to claim in Australia. I don't see any need for me to report these foreign CGT on my australian tax return as there is no Malaysian CGT tax for foreign non tax resident in Malaysia.

Moreover the overseas funds were originally not income derived from an Australian source and its more than 18 years ago. I have no intentions of transferring these funds back to Australia.

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711 views
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ZiadATO(Community Support)Community Support
10 Oct 2024

Hi @Jackson328


The double tax agreement is to prevent you from paying tax twice.

As you're an Australian resident and were not taxed in Malaysia,

then you'll need to declare CGT events on your Australian tax return.


You do need to declare your worldwide income which includes capital gains.

Here's some more info on foreign and worldwide income.

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Most helpful reply

ZiadATO(Community Support)Community Support
10 Oct 2024

Hi @Jackson328


The double tax agreement is to prevent you from paying tax twice.

As you're an Australian resident and were not taxed in Malaysia,

then you'll need to declare CGT events on your Australian tax return.


You do need to declare your worldwide income which includes capital gains.

Here's some more info on foreign and worldwide income.

Jackson338(Initiate)Initiate
11 Jan 2025

Ziad , I will still filed a Malaysian tax returns but the CGT events are not taxable under Malaysian tax laws Since there is no Malaysian CGT tax to be paid I would not be able claim any foreign tax credits if I declare these CGT events on my Australian tax return. I thought the purpose of DTA is to allow australian tax resident to claim foreign tax credits on foreign tax paid when declaring worldwide income. The foreign tax credits claimed provides relief on double taxation by Malaysia and Australia.

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