第四解，REIQ合同中的三种税-商品服务税，外国居民资本利得预扣税和土地税。
Jason Yang
前三章我们讲了合同里一些重要的条款，今天我们来讲一下大家比较关心的税务问题，一般土地交割会涉及到四种税，我会把耳熟能详的印花税放到下一章来讲，这一章我先来介绍一下另外三种，他们是 商品服务税（Good Service Tax)，资本利得税（Capital Gains Tax)和土地税（Land Tax)。
1. 商品服务税预扣留款
商品服务费（Good Service Tax)，简称GST，一般用于出售商品或购买一些服务时需要交税。但在REIQ合同中，一些情况下，卖家在出售自住房或用于建自住房的空地时，需要缴纳商品服务税。一般情况下，除非有特殊说明，合同价格会包含商品服务税。在交割之前，买家需要根据卖家提供的书面通知向澳洲税务局进行预扣留款的登记。需要登记这笔交易中会有多少的扣缴金额。
扣缴金额的多少取决于卖家要用什么形式支付商品服务税，这里有三种方式。
(i). 如果是正常支付GST,卖家需要付全款的商品服务税，需要预扣留合同价格的1/11.
(ii). 如果是用商品服务费增值税方案 (GST Margin scheme)，需要预扣留合同价格的7%。增值方案一般是卖家公司常用的一种方案，因为卖家只需要缴纳之前买入的价格和现在出售价格中间差额的1/11。但是，增值方案只能在一些条件下才能使用：
a.买家必须书面同意卖家使用增值方案。
b.之前买入改房产的合同中，合同价格不能包含全额的GST。
c.原卖家没有注册GST（通常情况下是指个人），如果原卖家是公司且注册gst，那么之前的交易中也必须用了了增值方案。
(iii). 如果是交易过程中包含非非货币交换，比如土地互换。则扣缴金额计算为总货币价格（包括商品及服务税）加上非货币价值（包含消费税市场价值）的一部分。
如何缴纳商品服务税预扣留款。
在房产交割的时候，买家必须要从交割款中开出一张缴纳给税务局的预扣留款的支票，在交割的时候交给卖家，由卖家交给税务局。税务局收到支票后，会从预扣留款中扣除本次交易应缴纳的数额。剩下的数额会当作信用额度计算在该公司名下，用于改公司抵消以后应交的商品服务税。
2. 外国居民资本利得预扣税
一般来说，资本利得税就是纳税人在固定资产转让时为产生的利润差而交的税，一般来说自住房是不用缴纳资本利得税的，所以目的是对非澳洲纳税居民进行征税：
在房产买卖中，澳洲政府会把卖家假设成外国纳税人，所以如果交易价格超过75万澳币，买家要在交割的时候要把资本利得税的支票开出来，支票的金额一般为合同价格的12.5%。 但是卖家可以在交割前向政府申请清税证明，就不用交这笔钱：
(i) 卖家可以在交割前向买家提供关于这个房产的清税证明，这个需要去向政府申请。
(ii) 卖家也可以在交割前向买家提供卖家声明（Vendor declarations），声明本次交易不需要预扣留款，其中有两种形式的声明方式。
a. 声明卖家是澳洲本地税务居民。
b. 声明卖家处理的房产的权益不是间接的澳洲房产的权益。
3. 土地税
土地税一般用于纳税人在昆州拥有多处房产，税务局会计算纳税人在本财年所有房产价值的总和，来征税。一般来说，公司和个人会有不同的起征点。
(i). 对于公司或信托来说，起征点是35万。
(ii). 对于个人来说，起征点是60万。
一般在房产买卖中，买家律师会调查这块土地是否欠土地税。一般调查完之后会有三种结果：（Land tax clearance certificate)
(i). 清税证明：在调查完之后，税务局会提供一个清税证明，来证明这个房产没有欠税，这样在交割的时候就不用调整。
(ii). 本财年土地税没有交：这种情况下，税务局会给一个账单，按照账单里需要缴纳的数额，买家可以从交割款里开一张支票进行缴纳。也可以从让卖家自行缴纳，从而拿到清税证明。
(iii). 第三方通知(GARNISHEE NOTICE): 如果我们收到的结果是第三方通知，证明卖家在之前的财年就有欠土地税，这个时候买家必须要从交割款里开出一张土地税的支票。来换清所有的土地税。
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10 September 2026
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By September 2026 Edition
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By September 2026 Edition
•
3 September 2026
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By September 2026 Edition
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3 September 2026
September is a timely reminder to pause and ask a simple but important question: does your Will still reflect your life today? For many people, making a Will is one of those important jobs that sits on the “I’ll get to it one day” list. Others may have a Will in place, but it was prepared years ago and has not been reviewed since. The challenge is that life rarely stays the same. Relationships change, families grow, property is bought or sold, businesses evolve, and financial arrangements can become more complex over time. Why reviewing your Will matters A Will is not just a document for later in life. It is an important part of planning ahead and making sure your wishes are clearly recorded. It allows you to decide who should receive your assets, who should administer your estate, and how you would like important personal matters handled. Having a valid and up-to-date Will can also make things much clearer for your loved ones at an already difficult time. It can reduce the risk of confusion about who should make decisions, who should benefit from your estate, and how your wishes should be carried out. When should you review your Will? It may be time to review your Will if you have recently: married, separated or divorced welcomed children or grandchildren bought or sold property started or sold a business moved into a blended family arrangement experienced a significant change in your finances It is also worth checking whether your superannuation nominations, enduring power of attorney and other estate planning documents still work together with your Will. What your Will may not automatically cover One common misconception is that a Will automatically covers everything you own. In reality, assets such as superannuation, jointly owned property, trusts, company interests and life insurance may need separate consideration. Without the right planning, there can be uncertainty, delays, disputes or outcomes that do not reflect what you intended. How CJM Lawyers can help At CJM Lawyers, our Wills and Estates team can help you prepare a new Will, review an existing Will, update your estate planning documents, and consider how your broader arrangements fit together. Whether your circumstances are simple or more complex, we can provide clear, practical guidance to help you plan ahead with confidence and give your loved ones greater peace of mind. Contact our Wills and Estates team today to get started. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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