Here's the breakdown

How does this impact me?

All sellers of residential and commercial property worth in excess of $2 Million Dollars will have to deduct 10% from the purchase price which is immediately paid to the ATO

How can I avoid the 10%?

Provide before settlement, a Tax Clearance Certificate to the Vendor. A tax clearance certificate is only available to Australian Residents and resident entities.

What if I'm a non-resident?

Foreign residents may apply to the ATO for a variation of the 10% non-final withholding tax. This will have to be provided to the purchaser prior to settlement. Any amounts paid to the ATO will be allowed as credits against any tax assessed in that year’s tax return.

How do I apply for a clearance certificate?

This is where we can help. We offer a simplistic way of applying to the ATO for your Tax Clearance Certificate.

We’ve answered your burning questions right here

How much will it cost to obtain a tax clearance certificate?

It is expected to be a one-time payment of AUD $165 including GST. Our online application service is coming soon.

How long will it take to get my tax clearance certificate?

Your Australian tax clearance certificate or withholding variation can take anywhere from 5-28 days. More complicated issues could take longer than this time frame.

If I have to pay the withholding, when is the payment required to be made?

To pay the withholding to the ATO, the purchaser must complete a foreign resident capital gains withholding purchaser payment notification form so that they receive a payment reference number (PRN) and a PDF icon for a payment slip and barcode. This should be done before the day of settlement as the purchaser must pay the withholding to the ATO on or before the day the purchaser becomes the owner of the asset, and requires the PRN, payment slip and barcode to do this.

Who is liable to pay the withholding?

The purchaser is fully liable to withhold and pay the amount. If withholding does not occur when it should, the ATO will hold the purchaser liable.

For example Ben purchases a property from his friend Tom for $3,000,000. Ben has known Tom for many years and knows that Tom is an Australian resident so before settlement he does not bother to receive a clearance certificate from Tom. Ben at settlement pays Tom the full $3,000,000. The ATO holds Ben responsible to pay the 10% withholding to the ATO. Ben cannot find Tom and now has to pay an additional $300,000 to the ATO for withholding plus interest.