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djve(Newbie)Newbie
26 Feb 2026

My wife and I relocated from the USA to Australia, to retire, after 26 years as ex-pats. Due to circumstances we have a lot of US based equities. So the amount we will owe in capital gains tax is quite important to us, so we declare our income correctly, now we've returned.


I read https://community.ato.gov.au/s/user?u=penny7169&t=posts (and others), and it seems clear but I want to ask some follow-up questions.


The post from penny7169 shows, clearly, that the cost basis for equities is reset to the date that residency began or was resumed (as in our case).


Are there any limits to the reset of the cost basis for tax? As an example assume we purchased shares at $5/each in 2000. On our date of residency in 2026 they are now worth $100/each. Is the reply to penny7169 is still correct that the cost basis is now $100/each, and Australian taxes are only due on the portion above $100/each, assuming we sell above $100/each.


If this is true, is there any limit or threshold to the amount that can be claimed at the CGT discount rate (see https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/calculating-your-cgt/how-to-calculate-your-cgt)?


While https://www.austlii.edu.au/cgi-bin/viewdoc/au/other/dfat/treaties/2003/14.html covers the details I'm concerned I'm missing something obvious.

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3 replies
161 views
3 replies

All replies

26 Feb 2026

That's correct. While it seems too good to be true, remember that the gains accrued while you were overseas so really didn't relate to Australia. Plus, depending on the quantum of your gains, the US will probably get their share via the Expatriation tax applicable when you became non-residents or in your normal US tax return if you are green card holders. But, while it also applies to 401Ks, I think they give a fairly generous tax free amount so you might get lucky.

YellowPotato(Taxicorn)Taxicorn
26 Feb 2026

I think you're talking about what your element 1 of your cost base is. I wouldn't call it a reset but rather the first time your asset 'entered' into the Australian tax.


Generally, on the day you become Australian tax resident, would be the day it has been 'acquired' for Australian tax purposes and generally it would be for the market price. This date is also the starting date for whether or not you get the CGT discount for owning at least 12 months

I think the double taxation part, the claiming foreign tax paid is the one you would need to be careful. I don't think you would be able to claim all the foreign tax paid.


"If only part of a foreign capital gain is assessable in Australia (for example, the gain is subject to the discount capital gains concessions in Division 115 of the ITAA 1997) the foreign tax paid on the gain must be apportioned accordingly."


djve(Newbie)Newbie
28 Feb 2026

TaxTalk1234 and YellowPotato,


Thanks for all the info. Both answers are equally helpful, but in different ways.


I need to baseline our assets while the daily data is still available!


This fully answers our questions.

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How to get ruling on current CGT on US based equities? | ATO Community