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Companies, Trusts and Taxation, APAC

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors involved in transactions valued at $50 million or more must notify the Australian Taxation Office (ATO) when providing a non-indirect Australian real property interest declaration. The new requirements are intended to provide the ATO with greater visibility over significant transactions, but they have important implications for transaction planning, the risk allocation between vendors and purchasers and completion mechanics. The reforms form part of broader changes to Australia’s foreign resident capital gains tax rules.

Authors:

 

Megan Bishop, Partner mbishop@piperalderman.com.au

Belinda Spence, Special Counsel bspence@piperalderman.com.au

Gideon Stein, Lawyer gstein@piperalderman.com.au