Private ruling: INTL/CGT
Date of advice: 27 April 2026
Published: 13 July 2026
Ruling period: Year ending 30 June 20YY
Date scheme commenced: 1 July 20YY

Ruling: Q1: Is the sale of your overseas property included in your assessable income in Australia? | A1: No.You are a temporary resident of Australia for taxation purposes and your overseas property is not taxable Australian property. Therefore, your assessable income in Australia does not include any capital gain made from the sale of your overseas property

Relevant facts and circumstances: You are a resident of Australia for taxation purposes. You are a citizen of Country A. On XX XX 20XX you commenced living in Australia. You entered Australia on a Special Category visa (subclass 444). You have not sought Australian residency. Your spouse is a citizen of Country A and commencing living in Australia from XX XX 20XX. Your spouse has not sought Australian residency. You own a property in Country A that you purchased in 19XX. The property was your main residence until you relocated to Australia. The property has been rented from the time you relocated to Australia. You intend to dispose of the property tin the 20XX income year.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 6-5 | Income Tax Assessment Act 1997 section 6-10 | Income Tax Assessment Act 1997 section 6-15 | Income Tax Assessment Act 1997 section 768-910 | Income Tax Assessment Act 1997 section 768-915 | Income Tax Assessment Act 1997 Division 855