Petition Against Removal Of Principal Residence Exemption For Overseas Expatriates

Closed: Sunday 31 December 2017

In the May 2017 Budget Australian Treasurer Scott Morrison announced measures to remove the Principal Residence for foreign investors.

The draft legislation was released on 21st July 2017 and the final legislation presented to Parliament on the 8th February 2018 and is now being referred to the Senate Standing Committees on Economics for review and submissions so they can prepare a report by 23rd March 2018.  

In the proposed legislation,  the changes went much further than expected by proposing to remove any entitlement to the usual tax free capital gains status on a principal residence for any prior period living in Australia if the property is sold at the time when you are living overseas.

This is a great deviation of the intentions announced in the Budget Overview which stated "Strengthening the capital gains tax rules so that foreign investors pay their fair share of capital gains tax."

The proposed legislation goes much further and is anything but fair to any Australian that has chosen to spend a few years working outside Australia, as they will be aggressively removed from their currently legally entitled residence exemption, purely on the fact that you are overseas at the time of sale.

As an example, had you lived in a property in Australia as your residence for 20 years, then move overseas and sell the property after 1 year abroad, then the full capital gains would be subject to Capital Gains Tax where under current rules it would be a tax free entitlement. 

This hardly seems fair!

The current legislation adequately ensures that an appropriate level of Capital Gains Tax is due and payable when the property is an investment so there is no need for any change in legislation if one wanted to maintain fairness.

We need your help to send a clear message that this simply isn't appropriate or fair!  Join our petition now and pass the link on to your friends and family.

There is more at stake than just an increase in tax.  Remember anyone living abroad is already carrying a greater tax burden due to the removal of the previous 50% capital gains tax free concession which occurred in May 2012.

This is sending a statement that the Government is willing to look at taxing your private residence, today's proposal is for expatriates but tomorrow's could be for all Australians.

SMATS Group shall be taking up this fight and lodged a submission to Treasury in August 2017 and will also be lobbying relevant Ministers and Members of Parliament.  Click here to read our Treasury Submission.

We also made a submission to the Senate Committee in March 2018.  Click here to read our Senate Committee Submission.

The time to make a stand is now and we need, and appreciate, your support.

Your undertaking in our petition:

We hope that our participation in this petition demonstrates to the Australian Government the important value we place on the role of Australian Expatriates in:

• Supporting the Australian property market;
• Improving the supply of housing for Australia's growing population;
• Creating and maintaining valuable employment and economic activity in the Property & Construction industries; and
• Promoting Australia on the international stage in business and commerce through the advancement of our individuals in the global corporate world.

We feel it only fair that Australian Expatriates are not adversely disadvantaged for living overseas and should maintain their rightful entitlement to any Capital Gains Tax Concession relating to periods of ownership of a property that has been used as their principal residence and family home.

We further submit that:

• The current legislation is more than adequate in this regard and there is no need to make any changes in this regard;
• It should be noted that as expatriates we are currently paying more than our fair share of Capital Gains Tax as we are no longer entitled to the 50% Capital Gains Tax concession for any period of overseas residency, so we are already dramatically disadvantaged to Australian residents;
• Just because we have taken the opportunity to expand our skills and careers through a period of overseas employment, should not mean that we lose any rights as Citizens or Permanent Residents in regard to the tax status of our family home; and
• Being an expatriate has significant economic benefit to Australia through trade opportunities, global reputation, enhanced skills that will return to Australia eventually and significant ongoing investment as the vast majority of expatriates continue to acquire property and investment assets in Australia and repatriate significant financial resources, adding great value to the Australian economy and national wealth.

I consent for my name to be displayed on a list of support, but my contact information and personal survey responses will remain private and confidential and not be disclosed to any party.

Petition Entry

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