Tax Planning
Foreign Resident CGT Reforms: What Individuals and Investors Must Know
New rules around Australia’s capital gains tax for foreign residents are coming—learn what assets, notifications and tests will change from 1 July 2025 and how to prepare.
By NomadicTax Research Team • 5-8 min read • August 23, 2026
## Overview of Division 855 CGT Reforms for Foreign Residents
Proposed amendments to **Division 855** of the Income Tax Assessment Act 1997 will change how **foreign residents** are taxed on capital gains. Key changes include:
- a **broader range of assets** placed under CGT—beyond just land or real property;
- a shift to a **365-day holding period** for the principal asset test;
- a requirement to **notify the ATO** in advance if disposing shares or membership interests valued over **AU$20 million**.([ato.gov.au](https://www.ato.gov.au/api/public/content/0-b12d922f-3ffe-47a6-a868-289919bcf50a?utm_source=openai))
These changes are **not yet law**, but will apply to **CGT events occurring on or after 1 July 2025**.([ato.gov.au](https://www.ato.gov.au/api/public/content/0-b12d922f-3ffe-47a6-a868-289919bcf50a?utm_source=openai))
## Affected Assets and Tests
- Assets connected to Australia, including certain indirect interests (e.g., shares in foreign entities with underlying Australian property value), may be caught.
- The **point-in-time principal asset test** now uses a 365-day look-back instead of longer historical periods, making timing and asset holdings more significant.
## Notification Obligations
Individuals disposing of **shares or membership interests** over AU$20 million must submit **notification to the ATO** *before* the transaction settles. This is to enhance oversight and compliance, especially with withholding rules when vendors self-assess.([ato.gov.au](https://www.ato.gov.au/api/public/content/0-b12d922f-3ffe-47a6-a868-289919bcf50a?utm_source=openai))
## Practical Implications for Investors and Advisers
- **Portfolio structuring** may need review: previously non-land assets may attract Australian CGT exposure.
- Watch out for **notification thresholds**: large deals require pre-transaction reporting.
## Examples
| Scenario | Outcome Under Proposed Reforms |
|---|---|
| A foreign resident sells shares in a company with significant Australian property value | CGT applies even if shares weren’t directly in real estate; must notify the ATO if over $20 million worth |
| A trust holding Australian land indirectly | Newly included under broader asset catch if passes tests |
## How to Prepare Now
- Conduct **asset mapping**: identify what you own, where and underlying value.
- Monitor upcoming consultative drafts and ensure compliance with notification rules.
- Keep records of ownership periods, valuations, and when you acquired or disposed of assets.
**Takeaway:** These reforms tighten the net around foreign resident capital gains. Whether you’re investing personally or through trusts, assess exposure now to avoid surprises when the rules apply.