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Hoping someone can give a pointer...we are UK and Aus dual citizens, selling our Aus property (which we lived in for a short time then rented out when we came to UK). I know we will have to pay capital gains in UK for which we will get residence reliefs, but will we also have to pay capital gains in Aus? Anyone have an idea? I need to get specialist advice I know but just thought I’d see if anyone here had done the same.

cheers 😊



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Posted (edited)

Yes, you are  subject to capital gains tax in Australia.   I hope you've been completing an Australian tax return for the rent while it's been rented out.  

The rules for capital gains for non-residents changed recently, so not many people will have experience of the new rules.  Actually, I'm not sure if the new rules are already in effect or are about to change this year.  So I won't get specific about what you'll pay, as I only know the old rules and it might be totally wrong!

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I think the rules change on 1st July this year....there is no Capital Gains exemption for ex-pats. (What that actually means to each individual I don’t fully know)
Friends of ours have returned to Aus after a few years overseas and they have come back slightly earlier than planned in order to sell their house that they had rented out here.

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I returned permanently to the UK a year ago after nearly 30 years in Oz. Dual citizen.

My Oz house that I bought 20 years ago has been rented out for the last 5 years while I worked here and there.

Right now I'm faced with the dilemma of going back to Oz to renovate and sell before CGT for non residents comes in on 1st July 2020 OR continuing to lease it knowing I would have to go back to live for at least 6 months in the future to sell when I have tax residency back!

Can anyone confirm my understanding  that as a non tax resident of Oz I won't have to pay CGT provided it sells before July 1st 2020. It's my first home and I paid a heap extra stamp duty on my UK flat declaring it an investment second home.

Also I understand OZ withholding tax of 12.5% would be payable. When would this be returned?




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