Australia: Guidance on applying for variations from foreign resident capital gains withholding

12.5% FRCGW applies to all property sales of AU$750,000 or more unless there is an approved variation

March 12, 2024

The Australian Taxation Office (ATO) issued guidance on how to apply for a variation from foreign resident capital gains withholding (FRCGW).

The 12.5% FRCGW applies to all property sales of AU$750,000 or more unless there is an approved variation.

In applying for the variation, the ATO advises sellers to:

  • Include the sales contracts with the variation application
  • Submit variation applications online at least 28 days before property settlement to ensure processing time
  • Provide Australian clearance certificates before settlement for Australian residents to prove their residency for tax purposes

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