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Recorded Webinars

Recorded Webinar: The Foreign Resident Withholding Regime: Risks, Rules and Recent Changes

The Foreign Resident Capital Gains Withholding (FRCGW) regime continues to trip up even seasoned professionals, particularly with recent changes to thresholds and compliance obligations. Purchasers can be on the hook for the full withholding amount if the rules are misunderstood
PRESENTED BY Jessica Pengelly Director - Pengelly & Co Legal , Adelaide

Date/Time

About the Webinar

The Foreign Resident Capital Gains Withholding (FRCGW) regime continues to trip up even seasoned professionals, particularly with recent changes to thresholds and compliance obligations. Purchasers can be on the hook for the full withholding amount if the rules are misunderstood or ignored — and the ATO isn’t shy about enforcement. This session offers a timely and practical update to help you manage risk and navigate the regime with confidence. Topics include:

  • When and how the withholding amount is calculated, including:
    • whether depreciable assets located on the property are subject to the withholding
    • the interaction of the FRCGTW regime with GST and the margin scheme
    • whether a variation to the withholding percentage can be applied for by the vendor
  • How the FRCGTW regime applies to property:
    • held in companies and trusts
    • owned jointly where only one of the joint owners is a foreign resident 
  • To what extent does a purchaser need to be satisfied that the purchase doesn't require FRCGTW? 
  • Dealing with property in a deceased estate where the executor is a non-resident
  • How does the FRCGTW regime define ”taxable Australian property”? 
  • Tips for addressing the trickier residency status issues for a vendor
  • Consequences for getting it wrong

Presented By

Jessica Pengelly
Director, Pengelly & Co Legal Adelaide, SA

Jessica is the director of Pengelly & Co Legal, and a Chartered Tax Advisor. With over 15 years’ experience in tax and revenue law, Jessica provides deep technical expertise and practical insight to help her clients navigate complex tax issues.

Jessica practices across a broad range of speciality areas, including income tax, capital gains tax (CGT), GST, FBT, Wine Equalisation Tax (WET), excise, superannuation, stamp duty, payroll tax and land tax. She has a particular interest in corporate transactions, small business, property developments and food, beverage and wine taxation.

Jessica’s background includes working within the Australian Taxation Office and large national law firms, giving her a unique perspective on tax issues and disputes. This insight into the ATO’s approach provides Jessica’s clients with a strategic advantage in managing and resolving tax controversies efficiently and effectively.

Who Should Attend?

This webinar is suitable for accountants advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD hour. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]

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