CGT Fundamentals: How Capital Gains Are Calculated
Capital Gains Tax is not a separate tax in Australia - it forms part of your income tax, with capital gains included in your assessable income for the year you dispose of an asset. Understanding the calculation sequence prevents common errors.
- What triggers CGT: A CGT 'event' - most commonly the disposal (sale) of a CGT asset. Other events include: creating a contractual right (CGT Event D1), making a trust over an asset, granting an option, and receiving compensation for lost or destroyed assets. The full list in the ITAA 1997 includes over 50 CGT events - but asset disposals cover 95%+ of practical situations
- Basic capital gain calculation: Capital gain = Capital proceeds (sale price + any non-monetary consideration) minus Cost base (acquisition cost + incidental costs + capital improvement costs + holding costs + capital expenditure to establish title). If the result is positive, you have a capital gain; if negative, a capital loss
- The discount method: For CGT assets held for more than 12 months (measured from acquisition date to disposal date, not contract date), individuals and trusts can apply the 50% CGT discount. Only 50% of the capital gain is included in assessable income. Superannuation funds receive a 33% discount. Companies receive no CGT discount
- The indexation method (pre-September 1999 assets): Assets acquired before 11:45am on 21 September 1999 may use indexation - adjusting the cost base for CPI inflation up to September 1999. For most investors who acquired assets after 1999, only the discount method applies
- Net capital gain and losses: Capital losses are offset against capital gains in the same year first. If losses exceed gains, the net capital loss is carried forward to offset future capital gains - indefinitely. A capital loss cannot be offset against ordinary income (wages, interest, business income). The ordering: current year gains → prior year net capital losses → discount method applied to any remaining gain
The Five Elements of the Cost Base
The cost base is the starting point for every CGT calculation. Incorrectly calculating your cost base - usually by omitting eligible components - results in overpaying CGT. All five elements are legally recognised and should be tracked.
- Element 1 - Money paid (or property given) to acquire the asset: The purchase price of shares, property, or other CGT assets. For shares: the price per share × number of shares purchased. For property: the purchase price stated in the contract. Foreign currency assets require conversion to AUD at the exchange rate on acquisition date
- Element 2 - Incidental costs of acquisition and disposal: Costs directly related to buying or selling the asset. For shares: brokerage on purchase AND brokerage on sale. For property: stamp duty, conveyancing fees, building inspection costs, and agent commission and advertising on sale. These costs are frequently understated - every dollar of cost reduces your capital gain
- Element 3 - Costs of owning the asset: For most shares and ETFs, this element is effectively nil - ongoing holding costs (management fees, custody fees) are generally deductible as investment expenses rather than added to cost base. For property, holding costs (council rates, insurance, interest, repairs) that are NOT otherwise deductible (i.e., for owner-occupied property) can be added to the cost base. For investment properties where these are already deducted as rental expenses, they cannot also be added to the cost base
- Element 4 - Capital expenditure to increase the asset's value or to preserve or defend title: For property: major renovations, extensions, new roof, structural improvements, landscaping. For shares: additional calls on partly-paid shares. Distinguish capital improvement (adds to cost base) from repair and maintenance (deductible in the year incurred). A new kitchen is capital; repainting the existing kitchen is a repair
- Element 5 - Capital expenditure to establish, preserve or defend title: Legal costs of defending ownership, boundary disputes, mortgage discharge fees (on property sale), and similar costs that relate to the title rather than improving the asset. Often overlooked - collect all receipts related to any legal or title-related costs associated with your CGT assets
Tax-Loss Harvesting: Strategically Managing CGT
Tax-loss harvesting is the practice of selling assets at a loss to offset capital gains - reducing your CGT liability in a given year. Done correctly, it is a legitimate and powerful after-tax return enhancement strategy.
- The mechanics: If you hold shares that have fallen below their cost base, selling before 30 June crystallises a capital loss. That loss offsets capital gains from other asset disposals in the same year - reducing your CGT. You then repurchase a similar (not identical) investment to maintain your market exposure
- Wash-sale rules in Australia: Australia does not have a formal 'wash-sale' rule - but the ATO applies Part IVA (general anti-avoidance provisions) to arrangements that lack genuine commercial purpose. Selling an asset and immediately repurchasing the identical asset to crystallise a loss while maintaining the same economic position is vulnerable to Part IVA. A safe approach: sell VAS (ASX 300) and purchase IOZ (ASX 200) - correlated but different assets, maintaining similar exposure
- Timing: before and after 30 June: Capital gains and losses are recognised in the tax year the contract is entered - not when settlement occurs. For ASX shares, settlement is T+2. To have a disposal in the 2024-25 tax year, you must trade by 26 June 2025 (allowing 2 business days before 30 June). Property settlement dates must also fall before 30 June (contracts signed before 30 June settle after - the gain is still in the pre-30 June year)
- Deferring gains to next year: If you have unrealised gains and no losses to offset, consider deferring the disposal to the next financial year - particularly if your income will be lower (retirement, parental leave, career break). Gains realised in a low-income year attract a lower effective CGT rate. Timing a property sale to straddle financial years is a common strategy
- CGT and super contributions: Realising a large capital gain in a year when you also make large concessional super contributions reduces the net tax impact. The super contribution reduces taxable income, effectively reducing the marginal rate at which the capital gain is taxed. Coordinate major asset disposals with super contribution strategy - ideally with an adviser who can model both simultaneously
The Main Residence Exemption: CGT-Free Family Home
The main residence CGT exemption is one of the most valuable tax concessions in Australia - eliminating CGT on the sale of your principal place of residence. Understanding its conditions and limits is essential for anyone who owns or may own a home.
- Full exemption conditions: To qualify for full main residence exemption, the property must have been your principal place of residence for the entire period of ownership, must not have been used to produce income (renting or running a business from home may void full exemption), and must be on land not exceeding 2 hectares. Dwelling plus up to 2 hectares of adjacent land is exempt
- Partial exemption for mixed-use periods: If the property was rented or used for business for part of the ownership period, only the non-income-producing proportion of the gain is exempt. Formula: exempt portion = (days as main residence / total days of ownership) × capital gain. The taxable portion attracts the 50% CGT discount if held over 12 months
- The 6-year absence rule: If you move out of your principal residence (temporarily vacate to travel, work elsewhere, or rent elsewhere) without establishing another main residence, you can continue to treat the absent property as your main residence for up to 6 years - even while renting it out. This is the most powerful main residence planning tool - but is capped at 6 years per absence
- The absence rule and the investment property conversion: Many Australians 'accidentally' create an investment property when they move out and rent their home. The 6-year absence rule allows CGT-free treatment for up to 6 years - but only if another main residence has not been claimed simultaneously. Importantly: while using the absence rule, the property's holding costs (interest, rates, depreciation) are fully deductible as rental property expenses - without losing the main residence exemption on the capital gain
- First Home Buyer exemption: From 2018, first home buyers in the First Home Super Saver Scheme (FHSS) receive CGT exemption on gains within the scheme. For CGT on the actual home purchase, there is no specific first home buyer exemption - the main residence exemption applies to all homeowners meeting the general conditions, not just first home buyers
CGT at Death: What Happens When You Die
Death is not itself a CGT event in Australia - but the passing of assets to beneficiaries triggers specific rules that determine whether and when CGT is paid. Estate planning must account for these rules.
- Death is not a CGT disposal: When you die, your CGT assets are not treated as disposed of at market value - there is no CGT liability at the date of death. The assets pass to your legal personal representative (executor) or directly to beneficiaries without triggering a CGT event
- Beneficiary acquires at original cost base: When a beneficiary receives a CGT asset from a deceased estate, they acquire it at the deceased's original cost base (including the deceased's acquisition date for 50% discount purposes). If the deceased held shares since 1990, the beneficiary inherits both the original cost base AND the original acquisition date - qualifying for the 50% discount on any future gain
- Exception - assets held pre-CGT: Assets acquired before 20 September 1985 (pre-CGT) are exempt from CGT throughout the original owner's life. When passed to a beneficiary, the beneficiary acquires the asset at its market value at the date of death - resetting the cost base. This creates a tax-free step-up for pre-CGT assets
- Deceased estate two-year exemption: If a beneficiary sells a property that was the deceased's main residence within 2 years of the date of death, the main residence exemption still applies - even though the beneficiary may not live there. This provides a 2-year window to sell the family home CGT-free after a death without rushing the process
- CGT on super death benefits: Superannuation paid as a lump sum death benefit may include a taxable component. For non-dependant beneficiaries (adult independent children), the taxable component is taxed at 15% + 2% Medicare Levy (effectively 17%) - not under CGT rules. Super is excluded from the estate (unless directed there via a death benefit nomination) and operates under its own tax regime
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