Summary
Introduced with the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Near-new Dwelling Interests) Bill 2019, the bill amends the: Income Tax Assessment Act 1997 to: remove the entitlement to the capital gains tax (CGT) main residence exemption for foreign residents; and clarify that, for the purpose of determining whether an entity’s underlying value is principally derived from taxable Australian real property under the foreign resident CGT regime, the principal asset test is applied on an associate inclusive basis; Income Tax (Transitional Provisions) Act 1997 to provide for transitional arrangements in relation to the main residence exemption; Foreign Acquisitions and Takeovers Act 1975 to require a reconciliation payment to be made by developers who sell dwellings to foreign persons under a near-new dwelling exemption certificate; and Income Tax Assessment Act 1997 and Taxation Administration Act 1953 to provide an additional affordable housing capital gains discount of up to 10 per cent.