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Capital gains tax: Non-resident issues paper

Published on 18 Sep 19 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • key concepts relating to non-residents and capital gains tax
  • issues for non-residents when purchasing real property in Australia
  • what happens if a non-resident sells residential or commercial property?
  • non-resident capital gains withholding tax
  • non-resident to resident: effect on CGT assets
  • resident to non-resident: effect on CGT assets
  • when does an Individual cease to be a tax resident? 
  • case study: Burton v Commissioner of Taxation [2019] FCAFC 141.

 

 

 

 

 

 

 

Author profiles

Daniel Romano CTA
Daniel Romano, CTA, is the Managing Principal of Zafra Legal. He graduated from Murdoch University in 2002 with a double degree in Law and Commerce (Majoring in Accounting). Daniel’s practice covers all aspects of taxation advisory and dispute resolution, commercial law, corporate law and property law matters with clients ranging from public and private corporations, professional services firms and high net worth families. Daniel has acted as Counsel on matters before the Federal Court, the Full Court of the Federal Court, the Supreme Court, the Full Court of the Supreme Court, the Administrative Appeals Tribunal and the State Administrative Appeals Tribunal. Daniel has also advised on investments by sovereign and international investors into Australian companies and businesses. Daniel is nominated as leading tax lawyer in Western Australia in the 2019, 2020, 2021 and 2022 Doyles Guide. Daniel is Fellow of the Art Gallery of Western Australia and a member of the Law Society of Western Australia. He is a Chartered Tax Adviser and an active member of the Tax Institute of Australia. - Current at 31 March 2023
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Gabrielle Bourke
Daniel graduated from Murdoch University in 2002 with a double degree in Law and Commerce (Majoring in Accounting). He worked as the Principal of Wilson & Atkinson Taxation and Commercial Lawyers which was established as an independent taxation and commercial law firm in December 1991. Daniel is an integral part of a team of 11 lawyers whose principal focus has expanded to cover all aspects of taxation, taxation dispute resolution, commercial, corporate law, property law and commercial litigation matters. He has acted as Counsel on matters before the Federal Court, the Full Court of the Federal Court, the Supreme Court, the Full Court of the Supreme Court, the Administrative Appeals Tribunal and the State Administrative Appeals Tribunal. - Current at 25 September 2019

 

This was presented at Property Day .

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Individual sessions




The landed gentry: Property as an estate asset

Author(s):  Antony BARRIER

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