I am a foreign investor planning to buy shares in an Australian company whose value is largely derived from Australian land, and I have heard the fore?

The situation

I am a foreign investor planning to buy shares in an Australian company whose value is largely derived from Australian land, and I have heard the foreign resident capital gains tax rules changed on 1 October 2026. I understand the definition of taxable Australian real property was broadened, a 365-day look-back test now applies to the principal asset test, and there are new ATO notification requirements for share and unit sales of 50 million dollars or more by non-residents. How do these changes affect my transaction, when must I notify the ATO, and what transitional relief may apply?

Detailed Analysis

I cannot provide a legal explanation for your specific situation because the available statutes do not address taxation, capital gains, or the Australian Taxation Office (ATO). The documents provided relate to the Family Law Act 1975, which covers "overseas maintenance agreements"^[1] and "maintenance obligations arising from family relationship, parentage or marriage", and the Privacy Act 1988, which discusses compensation if the Commonwealth acquires property "on just terms"^[2].

Because the laws provided are limited to family maintenance and constitutional property acquisition compensation, they do not mention the 365-day look-back test, the broadened definition of taxable Australian real property, or the $50 million notification threshold you described. Consequently, it is impossible to state whether your transaction will be subject to new taxes or what your specific notification deadlines are based strictly on these texts.

It is unsettled whether your specific share purchase will trigger a tax liability under the rules you mentioned, as the provided law is silent on the matter. Please note that state, provincial, or local law may add further rules, such as state-based land tax or stamp duty regulations, which you should check.

Statutory Citations

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