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Yes the income from rent and cap gains is taxable, avoiding it is not legal. But some non residents (and probably plenty of residents) don´t bother with tax returns at all and are never caught (I know of one 10 years + and never caught), so I don´t have much faith in ATO tracking processes (its...

I don´t think the ATO data matching is that good, plenty of people don´t declare rental income and never get caught. Non residents in particular can get away with never filing tax returns and never paying tax on rent from mortgage free properties.