Foreign Resident Capital Gains Withholding

In recent months we have been contacted by the ATO in respect of margin scheme calculations for our clients when an activity statement has been lodged. They have asked for copies of the contract to confirm the margin scheme has been correctly stated. They have also asked for calculations that confirm the GST component when a refund is owed back.

Foreign Resident Capital Gains Withholding (FRCGW) first applied to vendors disposing of certain taxable Australian property under contracts entered into from 1 July 2016. A 10% non-final withholding was applied to these transactions at settlement.