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Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

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Making a difference: Maddocks senior associate wins Australian Young Lawyer of the Year October 22, 2018

Monday 22 October 2018 Maddocks senior associate Tamsin Webster has been awarded the 2018 Australian Young Lawyer of the Year by the Law Council of Australia. Tamsin, a member of the firm’s Employment, Safety and … Continued

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Government Procurement (Judicial Review) Act 2018 (Cth) expands scope for challenges to Commonwealth procurement decisions October 18, 2018

On 18 October 2018, the Senate passed the Government Procurement (Judicial Review) Bill 2017 (Cth) (the Bill) without amendment. The Bill received Royal Assent on 19 October 2018. The Government Procurement (Judicial Review) Act 2018 (Cth) … Continued

Government expands reach of foreign resident CGT withholding regime

Changes to the capital gains tax withholding regime will impact all purchasers of real estate in Australia valued at over $750,000.

From 1 July 2017, a purchaser who acquires real property from a foreign resident vendor will be required to withhold 12.5% (up from 10%) of the purchase price of the property from the vendor and pay that amount to the Australian Taxation Office unless the property is valued at less than $750,000 (down from $2 million).

Australia has continued to be a significant destination for foreign investment, with the value of investment approved by the Foreign Investment Review Board rising to $248 billion in 2015 – 2016, predominantly driven by increased investment in real estate.

The changes are designed to increase the number of properties caught by the withholding regime to ensure the recovery of capital gains tax payable by foreign residents when disposing of assets in Australia. However, the practical implication of the changes is that any purchaser of real property within Australia valued at more than $750,000 to either:

  • withhold a percentage of the purchase price from the vendor and remit that money to the ATO; or
  • require the vendor to produce a clearance certificate confirming that it is not a foreign resident.

Reducing the threshold for exempt properties from $2 million to $750,000 means that from 1 July 2017 the majority of property transactions will be affected by this regime.

Author:
Clare Batrouney | Senior Associate
61 3 9258 3829
clare.batrouney@maddocks.com.au

Changes to the capital gains tax withholding regime will impact all purchasers of real estate in Australia valued at over $750,000.

From 1 July 2017, a purchaser who acquires real property from a foreign resident vendor will be required to withhold 12.5% (up from 10%) of the purchase price of the property from the vendor and pay that amount to the Australian Taxation Office unless the property is valued at less than $750,000 (down from $2 million).

Australia has continued to be a significant destination for foreign investment, with the value of investment approved by the Foreign Investment Review Board rising to $248 billion in 2015 – 2016, predominantly driven by increased investment in real estate.

The changes are designed to increase the number of properties caught by the withholding regime to ensure the recovery of capital gains tax payable by foreign residents when disposing of assets in Australia. However, the practical implication of the changes is that any purchaser of real property within Australia valued at more than $750,000 to either:

  • withhold a percentage of the purchase price from the vendor and remit that money to the ATO; or
  • require the vendor to produce a clearance certificate confirming that it is not a foreign resident.

Reducing the threshold for exempt properties from $2 million to $750,000 means that from 1 July 2017 the majority of property transactions will be affected by this regime.

Author:
Clare Batrouney | Senior Associate
61 3 9258 3829
clare.batrouney@maddocks.com.au