All states and territories are required to collect additional data for real property transfers to contribute to a National Register of Foreign Ownership of Land Titles. This requirement is initiated by the Commonwealth Government and administered by the Australian Tax Office (ATO) and will build on the Commonwealth’s existing National Register of Foreign Ownership of Agricultural Land. The ATO uses the data for information-matching and ensuring compliance with the taxation laws of the Commonwealth.
The Lands Titles Office and RevenueSA have developed a state owned online Commonwealth Reporting Portal to collect and report the necessary data.
Access the Portal here: www.revenuesaonline.sa.gov.au
Federal legislation requires all states and territories to report property sales information to the Australian Taxation Office (ATO) on a quarterly basis.
Conveyancers and practitioners are requested to provide to the State the following data for each transaction related to a property sale:
The collection of this information will provide increased transparency into foreign investment and will provide the Federal Government with improved monitoring of compliance with the administration of Capital Gains Tax and other taxable events.
The ATO has longer term plans to prefill data into tax returns, reducing the burden on taxpayers to determine amounts, where data can be sourced from State reported data.
Legislative amendments are contained in the Statutes Amendment and Repeal (Budget Measures) Bill 2018 to mandate the collection of this data. Once enacted, practitioners will be required to provide the data for any instrument that is registerable under the Real Property Act 1886.
Refer to the Frequently Asked Questions page for further information.