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Revised Foreign Resident Capital Gains Withholding Special Condition

Revised Foreign Resident Capital Gains Withholding Special Condition

By Property and Environmental Law Section

ATO Capital Gains Tax Conveyancing Real Property Taxation 


There will be changes to the foreign resident capital gains withholding (FRCGW) rate and threshold which apply to contracts entered into on or after 1 July 2017:

  • for real property disposals where the contract price is $750,000 and above (currently $2 million)
  • the FRCGW tax rate will be 12.5% (currently 10%).

The existing threshold and rate will apply for any contracts that are entered into before 1 July 2017, even if they are not due to settle until after 1 July 2017.

To account for the changes to the FCGRW regime, the Law Institute of Victoria has amended the LIV / REIV Contract of Sale of Real Estate FRCGW special condition. The revised special condition is available here.  


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