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Re: 820 Visa and Buying second Property with Australian Partner

Newbie

Views 868

Replies 3

Hello ATO Community,

My partner (an Australian citizen) and myself (visa 820 holder) currently living in our own house we bought a year ago.  We would like to buy another property to live (owner-occupy) in and rent out our current house. 

Is it okay for our second house to be under the title of both of us? Will there be any foreigner/FIRB tax related complications if we buy our second property together? Thanks!

 

Best Regards,

Mr Solei

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 2

Hi @Mr_Solei,

 

When you came to Australia to live with your partner, did you come to migrate to Australia and live here permanently? If so, then you would generally be considered an Australian resident for tax purposes (even though you may not be a permanent resident according to Australian immigration laws). For more information,  see Work out your residency for tax purposes.

 

Our webpage, Capital tax gains changes for foreign investors also mentions an exemption for Aust residents for tax purposes.

3 REPLIES 3

Most helpful response

Former Community Support

Replies 2

Hi @Mr_Solei,

 

When you came to Australia to live with your partner, did you come to migrate to Australia and live here permanently? If so, then you would generally be considered an Australian resident for tax purposes (even though you may not be a permanent resident according to Australian immigration laws). For more information,  see Work out your residency for tax purposes.

 

Our webpage, Capital tax gains changes for foreign investors also mentions an exemption for Aust residents for tax purposes.

Newbie

Replies 1

Yes, when I moved to Australia the intention was to stay here and work here permanently. So that means as a couple we will be treated as ordinary Australian residents for tax purpose? Thanks.

ATO Community Support

Replies 0

Hi @Mr_Solei,

 

It depends, but usually, yes. You will need to work out your residency for tax purposes yourself using the tests available.

 

Generally, if you have moved to Australia, you will be here for more than 183 days per year and therefore meet the 183 days test.