No CGT for non residence

Discussion in 'Shares & Funds' started by Mulianto, 25th Nov, 2020.

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  1. Mulianto

    Mulianto ~~

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    Hi all,


    This FY I am residing overseas more than 6 months, hence I will be non residence for tax purposes in Australia.

    In that case, all profits from my Australian share trading won’t be a subject to CGT? I do own properties with rental income in Australia though.

    Please help me confirm. Thanks in advance
     
  2. Trainee

    Trainee Well-Known Member

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    Not necessarily.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    generally trading results in income tax not CGT.
    Are they buy and hold shares, were they held before you became a non-resident.
    Are you in fact going to be a non-resident for tax purposes?
     
  4. Mulianto

    Mulianto ~~

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    Yes in fact I have been non residence since FY 20. And the shares I bought in March this year and 20-30% were sold in May but mostly sold in the last 2 months.

    My rental income, positively geared, were taxed 32.5% for FY20 but I didn’t declare my share trading profits from May. Should I?
     
    Last edited: 25th Nov, 2020
  5. Mulianto

    Mulianto ~~

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    I thought that’s primary requirement.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    if you bought the shares while a non-resident they would generally be able to be sold CGT free from an Australian tax perspective. Hopefully you are in a country that doesn't tax capital gains.
     
  7. Mulianto

    Mulianto ~~

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    Ok noted, I was told the same, just wanted to double confirm. Yup no CGT in Indonesia :p
     
  8. Trainee

    Trainee Well-Known Member

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    Is physical absence from Australia for 183 days or more enough to be deemed non resident for tax purposes?
     
  9. Mulianto

    Mulianto ~~

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    Yes I was told so
     
  10. geoffw

    geoffw Moderator Staff Member

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    There appear to be a number of criteria to determine non resident for tax purposes. Be careful to take the appropriate action.
    Work out your tax residency

    Many years ago, I went overseas for 2.5 years. When I submitted my first tax return when I came back, I had to justify why I claimed non residency. Because I bought a property overseas and did not own a property in Australia, I was allowed non residency. I don't know though if the same applies now. It would be well worth while getting professional advice specific to your circumstances.
     
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  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Nope
     
  12. exp

    exp Well-Known Member

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    Absolutely not true.

    Seek advice from a qualified accountant, preferably who specialises in this.
     
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  13. Mike A

    Mike A Well-Known Member

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  14. Codie

    Codie Well-Known Member

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    Interesting concept. Let’s say I’m in for a $3m share sale, and I realise New Zealand doesn’t apply CGT unless your a trader, could you in theory move back to New Zealand and end up selling at a later date to save CGT?
     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    becoming a non-resident is a CGT event.
     
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