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Capital Gains Tax

Capital Gains Tax

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Old Oct 29th 2011, 9:58 pm
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Default Capital Gains Tax

Hi there

Can anyone tell me what the deal is if you sell your overseas home whilst being a tax resident in Australia for CGT ?
I think the answer is that the ATO will make you pay CGT on it ?
If so how do you calcaulte the CGT - is it the capital gain in the period from when you became an Australian tax resident until when you sell it ?
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Old Oct 30th 2011, 10:05 am
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Default Re: Capital Gains Tax

I'm sure this has been asked way too many times before but I am interested to hear the latest information on this too.
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Old Oct 30th 2011, 10:29 am
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Default Re: Capital Gains Tax

Originally Posted by Dumbledore
Hi there

Can anyone tell me what the deal is if you sell your overseas home whilst being a tax resident in Australia for CGT ?
I think the answer is that the ATO will make you pay CGT on it ?
If so how do you calcaulte the CGT - is it the capital gain in the period from when you became an Australian tax resident until when you sell it ?

You have up to six years to decide which is your primary residence. So you can choose your overseas property as primary residence and not pay CGT.

http://www.ato.gov.au/individuals/co...=0&mfp=&st=&cy

http://www.ato.gov.au/individuals/co...tent/36887.htm
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Old Oct 31st 2011, 12:50 am
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Default Re: Capital Gains Tax

Have a sworn valuation done on your home when you leave, this will help determine CGT when u come to sell if y are not retaining it as PPR.
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Old Oct 31st 2011, 12:52 am
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Default Re: Capital Gains Tax

Originally Posted by ajw
Have a sworn valuation done on your home when you leave, this will help determine CGT when u come to sell if y are not retaining it as PPR.
Sorry, I just reread your post and realised you were referring to a property outside of Australia..
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Old Oct 31st 2011, 1:10 am
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Default Re: Capital Gains Tax

Does anyone know if you spend a few years in Oz, a few in the UK, a few in Oz and vice versa, and your residency status changes with each, does this reset the clock with respect to the ATO and it's rules on six years and so forth?
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Old Oct 31st 2011, 6:29 am
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Default Re: Capital Gains Tax

Originally Posted by Beoz
Does anyone know if you spend a few years in Oz, a few in the UK, a few in Oz and vice versa, and your residency status changes with each, does this reset the clock with respect to the ATO and it's rules on six years and so forth?
It would only get reset if you moved back into the property and made it your home I think for approx 6 months. This is assuming you don't own another property that you claim as your PPOR.
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Old Oct 31st 2011, 10:55 am
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Default Re: Capital Gains Tax

Does anyone know if there is an affect on CGT on your UK home when moving to Aus if you've run a small business (me and OH) from an outbuilding at your permanent residence there. It is also the registered address.
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Old Nov 1st 2011, 12:40 am
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Default Re: Capital Gains Tax

Originally Posted by Damson
Does anyone know if there is an affect on CGT on your UK home when moving to Aus if you've run a small business (me and OH) from an outbuilding at your permanent residence there. It is also the registered address.
What you did with your PPOR before comming to OZ is irrevelent to Oz taxman. He only gets intrested in ALL your investments once you become tax resident in OZ. The CGT will only apply to the increase (or decrease) in value of the property since you became tax resident in OZ so get it valued before you leave.
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Old Nov 1st 2011, 1:16 am
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Default Re: Capital Gains Tax

When I came to Australia in the 90's , my UK house was rented out for 7 years before it was finally sold. The Australian TAX office had no idea that I owned a house in the UK and were totally unaware of the proceeds from it's sale.
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Old Nov 1st 2011, 2:47 am
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Default Re: Capital Gains Tax

Surely they would have noticed when you moved the money over?
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Old Nov 1st 2011, 4:26 am
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Default Re: Capital Gains Tax

Originally Posted by Chortlepuss
Surely they would have noticed when you moved the money over?
That is what I was thinking. However this was possibly before robust money laundering controls were in place; now the ATO would be notified of any large transfers in from overseas.
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Old Nov 1st 2011, 5:53 am
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Default Re: Capital Gains Tax

Originally Posted by Bermudashorts
That is what I was thinking. However this was possibly before robust money laundering controls were in place; now the ATO would be notified of any large transfers in from overseas.
What does the ATO consider 'large'? If a property becomes liable for CGT to the ATO when you gain PR what exchange rate does it use to assess its value. The exchange rate at the time of original purchase or when you become a fully fledged tax resident ? Its a head f@ck
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Old Nov 1st 2011, 7:03 am
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Default Re: Capital Gains Tax

Originally Posted by Turban Explorer
What does the ATO consider 'large'? If a property becomes liable for CGT to the ATO when you gain PR what exchange rate does it use to assess its value. The exchange rate at the time of original purchase or when you become a fully fledged tax resident ? Its a head f@ck
According to my understanding it's the exchange rate on the day you arrive and become resident in Oz for tax purposes. The ATO web site has all the daily rates going back years that you should use.
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Old Nov 1st 2011, 9:57 am
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Default Re: Capital Gains Tax

Originally Posted by Kiwipaul
What you did with your PPOR before comming to OZ is irrevelent to Oz taxman. He only gets intrested in ALL your investments once you become tax resident in OZ. The CGT will only apply to the increase (or decrease) in value of the property since you became tax resident in OZ so get it valued before you leave.
That's a relief, thanks - something finally in our favour.

Just one other question, do you know what sort of proof of value is required before you leave, ie, estate agent valuations?
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