---
title: "Screen an asset against the taxable Australian property categories"
url: "https://ailawframework.com/practice/taxation/screen-an-asset-against-the-taxable-australian-property-categories"
type: "task"
site: "AI Law Framework"
id: "A26-PE20261022-8"
practice_area: "Taxation"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Screen an asset against the taxable Australian property categories

> From the asset description the lawyer supplies, place it against each category the taxable Australian property page lists, including an indirect interest only where the lawyer also supplies the two tests.…

Canonical page: https://ailawframework.com/practice/taxation/screen-an-asset-against-the-taxable-australian-property-categories  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Taxation](https://ailawframework.com/practice/taxation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the asset description the lawyer supplies, place it against each category the taxable Australian property page lists, including an indirect interest only where the lawyer also supplies the two tests. Record a leasehold interest in Australian land separately where the CGT event is on or after 20 May 2009. Do not decide that the asset is taxable Australian property, and do not state a withholding rate. |
| What the lawyer must review | The lawyer decides whether the person is a foreign or temporary resident, whether the asset is taxable Australian property, and whether foreign resident capital gains withholding applies. The lawyer reads the withholding page before stating a rate. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the asset description the lawyer supplies, place it against each category the taxable Australian property page lists, including an indirect interest only where the lawyer also supplies the two tests. Record a leasehold interest in Australian land separately where the CGT event is on or after 20 May 2009. Do not decide that the asset is taxable Australian property, and do not state a withholding rate.
- What the lawyer does: The lawyer decides whether the person is a foreign or temporary resident, whether the asset is taxable Australian property, and whether foreign resident capital gains withholding applies. The lawyer reads the withholding page before stating a rate.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the asset to a category the page lists. An indirect interest needs both the 10 per cent test and the principal asset test.
2. Use mainly attributable as the page states it. Do not replace it with a percentage the page does not give.
3. Do not state a withholding rate. The withholding page was not opened. The lawyer decides the rate and any variation.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Taxation Office, Taxable Australian property](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/taxable-australian-property) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/taxation/screen-an-asset-against-the-taxable-australian-property-categories/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*