The Strengthening the foreign resident capital gains tax (CGT) regime measure started on 1 October 2026.
Foreign residents with Australian investments can refer to our article Changes to foreign resident CGT rules start 1 October for a summary of the changes.
From 1 October, foreign vendors providing a non-Indirect Australian Real Property Interest (IARPI) vendor declaration to a purchaser for an asset disposal (including related transactions) of $50 million or more must complete a form to notify us, usually at least 28 days before settlement. They then need to notify the purchaser, in writing, that they've done so.
To support the new requirements, we've now published:
- Foreign vendor notification of non-IARPI declarations – guidance about the new requirements
- Notice of non-IARPI declaration: form and instructions – the new notification form along with detailed instructions about how to download, complete and submit it to us via email.
If the vendor doesn't notify us using the approved form, and notify the purchaser in writing they have done so, then the purchaser can't rely on the non-IARPI declaration and foreign resident capital gains withholding may apply.
For advice specific to your situation, you may wish to speak to your tax professional.
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