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Strengthening the foreign resident capital gains tax regime

The government will strengthen the integrity of the foreign resident capital gains tax (CGT) regime.

Last updated 16 September 2026

On 14 May 2024, as part of the 2024-25 Budget, the government announced it would strengthen the integrity of the foreign resident capital gains tax (CGT) regime.

In the 2025-26 and 2026-27 Budget, the government announced various changes to the proposed measure.

Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) Act 2026External Link is now law.

These changes take effect from 1 October 2026.

The changes include:

  • clarifying and broadening the meaning of taxable Australian real property for the foreign resident CGT rules, including a new definition for ‘real property’ and adding water rights
  • applying the principal asset test over the 365 days before a CGT event, rather than only at the time of the event
  • introducing a notification requirement for certain foreign resident vendors making a declaration that membership interests are not indirect Australian real property interests
  • providing a transitional 50% CGT discount for eligible foreign residents disposing of certain Australian renewable energy assets.

 

More information

 

 

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