
Federal budget 2026 – 2027
June 15, 2026
Negative gearing changes for residential property investors
July 14, 2026Foreign residents and the main residence exemption
Australian residents can
generally disregard a capital gain on their main residence if the relevant
conditions are met. Different rules apply where the owner is a foreign resident
for Australian tax purposes at the time the property is sold.
In many cases, a foreign
resident cannot access the main residence exemption on the sale of an
Australian home, even if the property was previously their home for many years.
This can produce unexpected CGT outcomes for clients moving overseas or living between
jurisdictions.
This update may affect clients
who have moved overseas, are considering moving overseas, or may become foreign
residents for Australian tax purposes before selling an Australian home.
It may also affect separating
couples, executors, expatriates, returning Australians and clients with complex
residency arrangements.
The key question is the client's
Australian tax residency status at the time of sale. For CGT purposes, the sale
time is generally when the contract is entered into, not when settlement
occurs.
If the owner is a foreign
resident at that time, the main residence exemption may be unavailable unless a
limited exception applies. There may also be consequences for the CGT discount,
with apportionment required for periods of foreign residency under the current
rules.
Limited life event exceptions
may apply where the person has been a foreign resident for six years or less
and specific events occur, such as serious illness, death or certain
relationship breakdown circumstances. These exceptions are narrow and should be
checked carefully before relying on them.
Clients planning to move
overseas should obtain advice before selling or retaining an Australian home.
The review should consider tax residency, expected sale timing, whether a
contract may be entered into before or after residency changes, CGT discount availability
and whether any exception may apply.
Clients should also keep records
of occupancy, ownership, periods of absence, rental use, residency status and
major costs forming part of the cost base.
Tax residency and the main
residence exemption are fact-specific. A client may be a foreign resident for
tax purposes even if they remain an Australian citizen or retain personal ties
to Australia. Advice should be obtained before relying on any exemption or
exception.
If you are moving overseas,
already live overseas, or may sell an Australian home while non-resident,
please contact us before signing a contract.

