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Taxation of non-residents


Non-Australian resident taxpayers are taxed only on their Australian-sourced income. The taxation of capital gains is an area that has been subject to much change over the last 10 years and continues to be an area focused on by governments which are seeking to address structural budget deficits and decreasing tax revenues, and yet are trying to make Australia an attractive place for investment. This article primarily considers the taxation of capital gains derived by non-residents.

The article reviews the basic domestic taxing regime for capital gains for non-residents as it is affected by Australia’s tax treaty network. As part of this review, the article addresses some of the concerns and issues that have come to light recently in this area and provides a brief examination of the government’s latest proposal to impose a capital gains tax withholding tax on non-residents.

Author profile

Clinton Harding CTA
Clint is a partner at Arnold Bloch Leibler and leads the Sydney taxation practice. Clint advises across most taxes, with particular expertise in corporate and international tax, the taxation of financial instruments and transactions, and the management of tax audits and disputes with the ATO. Clint is the author of numerous tax articles, a regular presenter, and is currently a working member of The Tax Institute’s Large Business and International Committee. In 2018, Clint won The Tax Institute’s Corporate Tax Adviser of the Year Award and is the National Chair of the Law Council of Australia’s Taxation Committee. - Current at 27 August 2020
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