From 1 January 2025, the Australian Government introduced significant updates to the Foreign Resident Capital Gains Withholding (FRCGW) regime. These changes to FRCGW aim to enhance the Australian Taxation Office’s (ATO) ability to collect Capital Gains Tax (CGT) liabilities from foreign residents selling Australian property. These updates will impact both sellers and buyers, making it essential for all parties involved in property transactions to understand the new requirements.
We’ve put together a breakdown of the changes and how they may affect your next property transaction.
What Is the Foreign Resident Capital Gains Withholding (FRCGW) Tax?
The FRCGW tax is designed to ensure that foreign residents meet their CGT obligations when selling Australian property. Under this regime, buyers are required to withhold a percentage of the sale price and remit it to the ATO if the seller is classified as a foreign resident.
Previously, the FRCGW tax applied only to property transactions exceeding a specific value threshold. However, the upcoming changes will remove this threshold and introduce stricter compliance measures for all transactions.
Key Changes Effective 1 January 2025
1. Increased Withholding Rate
- The FRCGW withholding rate rises from 12.5% to 15%.
- Buyers of Australian property must withhold 15% of the purchase price, if the vendor is identified as a foreign resident.
2. Elimination of Property Value Threshold
- The latest property value threshold of $750,000 was removed.
- All property transactions, regardless of their value, are now subject to the FRCGW withholding requirements if the seller is a foreign resident.
These changes reinforce the government’s focus on compliance and aim to improve the collection of tax liabilities from foreign residents.
Key Considerations for Vendors and Purchasers
Increased Administrative Requirements
- Australian resident sellers must now apply for a Clearance Certificate for all property transactions, regardless of value. It is essential to start this process early to avoid settlement delays.
Higher Withholding Amount
- Foreign resident sellers may face higher upfront withholding amounts, which could impact cash flow until the CGT liability is assessed.
No Exemptions for Low-Value Properties
- Transactions previously exempt due to low property values will now fall under the FRCGW regime, making compliance mandatory for all sales.
Avoiding Financial Implications
- Sellers: Apply for a Clearance Certificate or Variation Notice well in advance of the settlement date.
- Buyers: Ensure thorough verification of the seller’s residency status and prepare to withhold and remit the appropriate amount to the ATO if necessary.
Why Professional Guidance Is Essential
The updated FRCGW regime introduces stricter compliance obligations for property transactions in Australia. Navigating these changes requires a detailed understanding of tax laws and effective preparation to avoid costly mistakes or penalties.
At GLG Legal, we specialise in property law and are well-equipped to guide you through these changes. Whether you’re buying or selling, our team can assist with:
- Applying for Clearance Certificates or Variation Notices.
- Ensuring compliance with the updated FRCGW withholding requirements.
- Providing tailored advice to streamline your property transactions.
Contact GLG Legal for Expert Property Law Advice
Stay ahead of the changes to FRCGW with expert legal support. GLG Legal Brisbane is here to help you navigate these new requirements confidently and protect your financial interests.
Call us at (07) 3161 9555
Email us at info@glglegal.com.au
