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Non-Resident CGT Withholding Variation

The purchaser of your AU property must withhold 12.5% of the purchase price if you're a foreign resident. Calculate whether to apply for a variation to reduce this — and how much you could recover.

Property Sale Details

Withholding Analysis

Variation Application Support

Prepare your withholding variation application (Form V) with calculated CGT liability and supporting documentation.

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Variation Application Steps

1Determine if variation is worth applying

Variation makes sense when actual CGT liability is less than 12.5% of sale price. If property sold at a loss, variation to $0 is possible.

2Complete ATO Form V (FRCGW Variation)

Lodge online via ATO Online Services or myGov. Provide cost base, estimated gain, and tax liability. ATO must respond within 28 days.

3Notify Purchaser Before Settlement

You must provide the variation certificate to the purchaser/conveyancer BEFORE settlement. The purchaser withholds the varied amount instead of 12.5%.

4ATO Credit on Tax Return

Amount withheld (if not fully varied) is credited against your final CGT liability when you lodge your AU tax return.

5Lodge AU Tax Return for Sale Year

Report the capital gain in your AU non-resident tax return. Withholding acts as a prepayment — excess is refunded, shortfall is paid.