News Archive

From the Back Newsletter

Foreign Resident Capital Gains Withholding Regime

The High Court has recently given its long-awaited opinion on the legality of bank fees in Paciocco v Australian New Zealand Banking Group [2016] HCA 28.

Case involved a class action against banks for charging exception fees, including late fees.

The High Court found in favour of the banks, holding that they were entitled to protect their legitimate business interests by charging fees.



Business Acquisitions Presentation

Structuring the deal

From the Back Newsletter

Business Acquisitions - Structuring the Deal

Commercial Leases Presentation

Key issues for tenants

From 1 July 2016, purchasers must retain 10% of the purchase price and remit to the ATO.

Applies to taxable Australian property valued at $2 million or more (including real property – land and buildings). Some exceptions apply.

Vendor may not receive full purchase price unless they supply a clearance certificate or vendor’s declaration, proving they are not a foreign resident.

Penalties apply to purchasers who fail to retain the 10% when required to do so.

Measure is implemented to stop foreign resident vendors escaping their capital gains tax liabilities on sale of real property and other assets.