{"id":12310,"date":"2017-06-22T03:00:15","date_gmt":"2017-06-21T17:00:15","guid":{"rendered":"http:\/\/realestatetalk.com.au\/?p=12310"},"modified":"2017-06-22T03:00:15","modified_gmt":"2017-06-21T17:00:15","slug":"you-need-to-prove-you-are-not-a-foreigner-peter-maloney","status":"publish","type":"post","link":"https:\/\/channels.realty.com.au\/realtytalk\/you-need-to-prove-you-are-not-a-foreigner-peter-maloney\/","title":{"rendered":"You need to prove you are not a foreigner \u2013 Peter Maloney"},"content":{"rendered":"

From July 1, changes to legislation will limit capital gains tax exemptions availability to foreign and temporary residences and increase withholding tax for foreign tax residents.\u00a0 This will impact a lot of people as Peter Maloney<\/strong> from GlobalX explains.
\nTranscript:<\/strong>
\nKevin<\/b>:\u00a0 There\u2019s a legislative change that I want to mention to you that\u2019s going to have impact, I think, right across\u2026 Whether you\u2019re a buyer or a seller, whether you\u2019re a real estate agent, whether you\u2019re a lawyer or a conveyance, it\u2019s going to impact a lot of people.
\n\u2026A legislative change to give lawyers and conveyancers extended powers as they take on the role of tax collector during the property settlement process. From July 1, the changes to legislation will limit capital gains tax exemptions availability to foreign and temporary residences and increase withholding tax for foreign tax residents.
\nI\u2019m going to get a further explanation on this and its impact because there\u2019s been another change. Peter Maloney joins me, who is the CEO for GlobalX.
\nPeter, thanks for your time.
\nPeter<\/b>:\u00a0 It\u2019s great to be with you again, Kevin.
\nKevin:\u00a0\u00a0<\/b>I know you\u2019ve put a warning out on this, and it sort of snuck up on me. I didn\u2019t realize that this threshold had been lowered from $2 million down to $750,000. When does this take effect?
\nPeter:\u00a0\u00a0<\/b>It comes into effect as part of the federal government\u2019s most recent Budget, from July 1st<\/sup>\u00a0this year.
\nKevin:\u00a0\u00a0<\/b>Okay. Explain to me what is going to happen. What does it all mean?
\nPeter:\u00a0\u00a0<\/b>It\u2019s been pretty silent up until now. In the prior year\u2019s Budget, the federal government introduced a foreign resident capital gains withholding tax and applied that to all properties sold with a value greater than $2 million.
\nWhat the government called for was for all vendors selling a property greater than $2 million to apply to ATO for what\u2019s known as a clearance certificate, in essence, demonstrating that they are an Australian resident. If the person could not demonstrate Australian residency, the purchaser\u2019s solicitor was obliged to withhold 10% of the transaction value \u2013 so the value of the property \u2013 and remit those funds to the ATO within one working day.
\nWhat the federal government has done in the current Budget is quite dramatic. Under the old model, only 11% of Australian properties were sold with a value greater than $2 million. The federal government has now elected to drop that threshold down to $750,000, and it is a staggering, now, 68% of all Australian properties. 68% of Australian vendors must now apply to the ATO for a clearance certificate to prevent themselves from having 12.5% of that property value withheld and passed on to the ATO.
\nKevin:\u00a0\u00a0<\/b>So, is the requirement to get these clearance certificates\u2026 And I\u2019ll ask a few more technical questions about that in just a moment. What\u2019s involved in getting one of those certificates? How long does it take?
\nPeter:\u00a0\u00a0<\/b>You can do that online. The ATO has a website online for the application of a clearance certificate. It\u2019s an online form, the consumer or their representatives will fill that out, and the estimated turnaround time from the ATO, if there are no questions regarding the data on the form, is three to five days.
\nKevin:\u00a0\u00a0<\/b>Is there a cost involved in getting one of those certificates?
\nPeter:\u00a0\u00a0<\/b>No, the ATO doesn\u2019t charge for the issue of the certificate.
\nKevin:\u00a0\u00a0<\/b>Unless you\u2019re doing it through a solicitor, I guess, and they\u2019d probably some sort of administrative charge.
\nPeter:\u00a0\u00a0<\/b>Well, that\u2019s right and there\u2019s a bit of a trick to that. Because under this regime, if property lawyers or solicitors or conveyancers are acting as the recipient of the tax to pass it to the ATO, they technically fall under the Tax Agent Services Act and cannot charge a fee for that process.
\nKevin:\u00a0\u00a0<\/b>Okay. That\u2019s in the event that they have to claw back this 12.5% we\u2019re talking about?
\nPeter:\u00a0\u00a0<\/b>That\u2019s right.<\/b>
\nBut it\u2019s dramatic, Kevin. Last year, under the current regime at $2 million, there were 30,000 applications for a clearance certificate. From July 1st<\/sup>\u00a0and in the forward looking year, that number will jump to 400,000.
\nKevin:\u00a0<\/b>This is an administrative nightmare. You\u2019re talking there about the turnaround of these certificates being three to five days; I can see that blowing out to be anything up to two to four weeks, at the best.
\nPeter:\u00a0\u00a0<\/b>Last time we spoke, Kevin, we spoke about the great things that were going on in digitalization of the property settlement process with electronic conveyancing. Now this just flies into the face of that process where the whole economy is looking to digitalize, but now we have a processing place that requires paper to come back in to the property settlement process.
\nKevin:\u00a0\u00a0<\/b>Now, I understand in the release you put out, you were talking there about lawyers and conveyancers having to get involved in this process. And of course, they will be ultimate collectors of this tax, if it applies. But the issuing of the clearance certificate, surely that\u2019s going to come back to agent at the point of listing. Do they have a duty of care to tell their seller?
\nPeter:\u00a0\u00a0<\/b>That\u2019s right. So, the solicitor has the obligation to withhold the funds and remit the funds to the ATO. But I don\u2019t disagree with you, Kevin; for the process to work smoothly, if the listing agent advises their customer at the time of listing that the value of the property may exceed $750,000, it would be in the best interest of both the real estate agent and the consumer to have that notification and apply for the clearance certificate sooner rather than later.
\nKevin:\u00a0\u00a0<\/b>Can you see a time when the clearance certificate is just going to be part of the listing process, no matter the value of the property? It\u2019ll just become part of the process. Is there any reason why that can\u2019t happen?
\nPeter:\u00a0\u00a0<\/b>There is no reason why that can\u2019t happen at all. Absolutely no reason at all, Kevin. And it\u2019s probably a very wise recommendation.
\nKevin:\u00a0\u00a0<\/b>We\u2019ll certainly carry this across all of our audiences because I think everyone needs to know that this is actually applying, as from July 1st<\/sup>.
\nPeter, any other points you wanted to make before we close off?
\nPeter:\u00a0\u00a0<\/b>Really, just for your listeners to be aware. We looked at last weekend\u2019s auction results around Australia, and of all the properties that were sold in Brisbane, 88% of those would have required a clearance certificate. Under the old regime, it would have only been three properties.
\nKevin:\u00a0\u00a0<\/b>And what about, say, Sydney and Melbourne? It would be even more acute,\u00a0<\/b>wouldn\u2019t it?
\nPeter:\u00a0\u00a0<\/b>The largest high sold property last week was a $3 million residence in Dicky Beach. Now, we have every suburb of Brisbane being affected.
\nThe numbers on Sydney were 400 out of 453 properties would have been affected. In Melbourne, it was 61%, ACT 52%, and Adelaide 53%.
\nThere are other complications as well, Kevin. Imagine a family who is trying to sell the property on behalf of their deceased mother, at 92 years old, who had never worked, never had a tax file number, doesn\u2019t have a record at the ATO. We would question how is the ATO going to issue a clearance certificate if that person is unknown to them?
\nKevin:\u00a0\u00a0<\/b>Yes, great question. Lots of questions, and only the passage of time is going to be able to help us answer some of those. But Peter, thank you for raising this with us. It\u2019s timely that we would be looking at it right now.
\nPeter Maloney from GlobalX, thank you very much for your time.
\nPeter:\u00a0\u00a0<\/b>Great to be with you, Kevin.<\/p>\n","protected":false},"excerpt":{"rendered":"

From July 1, changes to legislation will limit capital gains tax exemptions availability to foreign and temporary residences and increase withholding tax for foreign tax residents.\u00a0 This will impact a lot of people as Peter Maloney from GlobalX explains. Transcript: Kevin:\u00a0 There\u2019s a legislative change…<\/p>\n","protected":false},"author":176692471,"featured_media":12314,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[32,10,11,13,36,22,23,25],"tags":[101],"class_list":["post-12310","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-buying-a-property-topic","category-kevin-turner-sponsored-channels","category-kevin-update","category-latest-story","category-property-investment-topic","category-research-topic","category-selling-a-property-topic","category-sponsored-channels","tag-podcast"],"yoast_head":"\nYou need to prove you are not a foreigner \u2013 Peter Maloney - Realty Talk<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/channels.realty.com.au\/realtytalk\/you-need-to-prove-you-are-not-a-foreigner-peter-maloney\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"You need to prove you are not a foreigner \u2013 Peter Maloney - Realty Talk\" \/>\n<meta property=\"og:description\" content=\"From July 1, changes to legislation will limit capital gains tax exemptions availability to foreign and temporary residences and increase withholding tax for foreign tax residents.\u00a0 This will impact a lot of people as Peter Maloney from GlobalX explains. 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