Significant foreign resident CGT reforms: draft legislation released
Client AlertForeign resident CGT reforms expand taxable Australian real property, withholding and renewables discount.
Federal Budget Virtual Seminar: expert insights on spending, tax reform and policy impacts. Register now.

Chaired by Dr Chalmers, the roundtable sought to build consensus on ways to lift living standards for Australians, with a focus on three main themes:
Being a discussion forum, there were no real expectations of any major policy announcements as this requires a process in policy development and ultimately Cabinet approval.
However, there were several of what the Treasurer described as ‘quick wins’, such as abolishing remaining nuisance tariffs (which the Treasurer abolished 500 of this week), some red tape-reduction in construction and environmental approvals, and a road user charge for electric vehicles.
Beyond the above, the Roundtable shaped a commitment to a process of addressing ten longer term directions. They included creating a better tax system, expressed through three objectives:
Although the Treasurer had said the Roundtable will inform the next three Budgets, the Prime Minister has stated that the only changes to the tax system in this term of parliament will be those taken to the May 2025 election. Hence, we will be unlikely to see any tax reform that may arise from this process before the next election.
On the one hand, this timing perhaps gives some certainty, but on the other, the need for reform is far more immediate.
Considering the reforms implemented in the 1980s and early 1990s – such as floating the dollar, removing trade barriers, reducing tariffs, deregulating the financial system, introducing capital gains tax and the superannuation guarantee – none of these reforms were put to an election.
Rather, they came about from governing and exercising leadership.
Danielle Wood, Chair of the Productivity Commission and one of the roundtable attendees, gave a three-word summation: ‘It’s a start’. Considering the historical challenges in advancing genuine tax reform, it's encouraging that the topic is now part of the conversation.
We will continue to monitor the process, which hopefully in due course will produce a more ambitious reform agenda to meaningfully address the three objectives the Government laid out.
Foreign resident CGT reforms expand taxable Australian real property, withholding and renewables discount.
The ATO’s draft PCG 2026/D1 introduces a new compliance framework for attributing risk weighted assets to Australian branches of foreign banks, reshaping thin capitalisation methodologies and documentation expectations.
Explores proposed CGT discount and negative gearing reforms and what they could mean for investors.