The capital gains tax is something most Australians have heard of, at least in passing. However, like many financial concepts, it tends to be surrounded by a great deal of confusion and misconception.
If you intend to purchase (or have already purchased) and sell a property, it’s inevitable that you will have to deal with the capital gains tax on some level. By familiarising yourself with the capital gains tax ahead of time, you can save yourself time, stress and money when the time comes to sell.
Read on for our ultimate guide to the CGT, including how to calculate capital gains tax, how to avoid or minimise the amount you pay and more.
Capital gain is the difference between how much you paid for an asset and how much you received when you sold it (minus the costs incurred in selling it).
Introduced in Australia in 1985, the CGT means you have to pay a levy on that capital gain in the year you dispose of the asset. A capital gain tax can apply to shares, contractual rights, licences and even personal collectables above a certain value, but you’ll most often hear about it in the context of real estate.
For example, you buy a three-bedroom investment property in October 1999 for $194,000. In 2018, you sell this property for $770,000. Your purchasing costs in 1999 were $2,500. Over the years of ownership, costs were $168,820, and the sale costs $30,500. Therefore, the difference between the purchase and sale price, less cost, is $374,180.
Thankfully, that’s not to say you would be required to pay $374,180 in capital gains tax in a lump sum. In the following section, we’ll explain how to calculate capital gains tax relative to your personal situation.
|Total Ownership Costs||$201,820|
|Capital Gain (Net Gain – Ownership Costs)||$374,180|
While other countries, like the US and UK, also have a capital gains tax, these are calculated in different ways. For this reason, it’s crucial to ensure you reference the correct information when determining how capital gains tax is calculated on property in Australia.
In Australia, the CGT is calculated by treating net capital gains as taxable income in the year the asset was sold or disposed of. If you have held that asset for more than 12 months, the gain is first discounted by 50% for individual taxpayers, or by 33.3% for superannuation funds.
The first step towards calculating your capital gains tax is always determining your cost base. This is the amount you paid for the asset, as well as costs incurred in buying and selling it and incidental expenses, which may include:
Otherwise known as capital cost, these may include:
Once you have your cost base, there are two methods you can use to calculate your capital gains tax – the discount and indexation methods. In most scenarios, you can choose to use the strategy that leads to the lowest capital gains tax.
There are four steps involved when using the discount method to calculate your capital gains tax.
You know how your parents used to say, “back in my day, that would have only cost me a sixpence!”? Well, the indexation method is based on similar logic.
It’s calculated by dividing the consumer price index (CPI) at the time you sold your property by the CPI at the time you bought the property, rounded to three decimal places. You would then add that number to your initial cost price to get your inflation-adjusted purchase price, then subtract that amount from your sale price. You can find a table of Australia’s historical CPI rates here.
|Less than 12-months|
|Property ownership is less than 12-months from the date of purchase.||The most basic method of Capital Gains Tax (CGT)||Sale price less cost.|
|Property ownership is greater than 12-months from the date of property purchase ownership costs.||A 50% discount applies to property purchased after September 21, 1999, for individuals and 33.3% for super funds.||The purchase price + sales price = net gain – any ownership costs.|
|Property ownership began after September 20, 1985, but before 11.45am (ACT time) September 21, 1999.||The cost base increases by applying an indexation factor based on Consumer Price Index (CPI).||marginal tax rate x indexation factor x capital gain.|
One major misconception about the CGT is that it’s a separate tax to the one you pay at the time of your annual tax return. However, it’s simply added to your taxable income in the year you sold or disposed of the property, and paid as part of your income tax assessment.
The capital gains tax is ‘triggered’ by a CGT event. Generally, this occurs when you sell an asset, but it can also occur if it’s given away, destroyed or if you cease being an Australian resident.
If you’re an individual, the percentage you’ll pay on capital gain tax is the same as your income tax rate for the year. Companies are not entitled to any capital gains tax, so if the property has been used as a place of business, you’ll pay 30% tax on any net capital gains. If you are an individual, the rate paid is the same as your income tax rate for that year. For self-managed super funds, the tax rate is 15% and the discount is 33.3%.
There are a few strategies you can use to eliminate or minimise the capital gains tax you pay on a property.
If you live in your property for at least six months once you purchase it, you may be exempt from the capital gains tax. However, in this situation, you must be able to prove it’s your primary place of residence. The criteria used to determine whether a property is your main residence include:
There is also a tax break known as the six-year rule. This states that if you purchased the property to live in and had to move for reasons like a job or extended holiday, you can also become exempt from the CGT while leasing it out.
However, this exemption can only be claimed if no other property is nominated as your main residence. Interestingly, if you eventually move into the same property, the six-year exemption resets.
Under the main residence exemption, you’re generally not required to pay capital gains tax if you sell the home you live in.
The current tax-free threshold for Australian residents is $18,200. So, in the highly unlikely scenario that an individual’s income only comes to $18,200 after selling a house on top of their salary, they would be exempt from the capital gains tax.
You only pay the capital gains tax once per property sold, in the year you disposed of it. However, if you were to purchase and sell another property, you would be required to pay capital gains tax on that transaction, too.
You may be wondering, ‘can I avoid paying capital gains by reinvesting into another property?’ In the United States, they have what is referred to as 1031 Exchange. This is where you can avoid paying the capital gains tax by rolling the profit into a similar piece of real estate. Unfortunately, in Australia, there is no such system where you can avoid or defer CGT by reinvesting into similar property.
Whether or not you’ve owned your property short or long term will determine the method you need to use to calculate your capital gains tax.
If you purchased the property before 21 September 1999 and have held it for at least 12 months, you would choose the indexation method of calculating your capital gains tax.
If you sell your property within 12 months of acquiring it, you will pay full capital gain. However, if you’ve held it for over 12 months, you would be eligible for the discount method of calculating capital gain tax.
Vacant land and farms are also subject to the capital gains tax. Like real estate properties, how much tax you pay will be determined by your profit from the sale and how long you’ve owned it. It’s also worth noting if you live on
Each time you sell an investment property, you must pay capital gains tax on the transaction. Like any rental property, you can use either the indexation or discount method to calculate how much taxable gains tax you owe.
However, calculating your capital gains profit on investment properties can differ from rental properties. You will need to add your purchase price to expenses including stamp duty, fees for tax advice and title cost. Then, you will need to deduct the costs of the building depreciation that you’ve claimed over the years as well as any capital costs.
This includes expenses like:
You would then calculate the difference between your cost base and your capital proceeds. The figure you are left with is the basis from which you would determine your capital gains tax.
Capital gains tax generally doesn’t apply when you inherit property. You will, however, have to pay it if you sell or dispose of the property, and there are special rules that apply to inherited dwellings. There may be circumstances under which the property is fully or partially exempt.
Otherwise, you’ll need to know the cost base of the asset to work out your capital gain when you sell it. This may be determined by the value of the asset when the deceased acquired it or the value when they died, depending on the circumstances.
By using this handy guide, you can learn how to calculate capital gains tax on your property, as well as minimise or eliminate the amount you pay. However, it’s important to always consult a tax professional when preparing your tax assessment, especially when it comes to your CGT.
The coalition government is set to make no changes to capital gains tax.
Although the 2017-2018 budget saw the Government propose some changes to capital gains tax, these are currently on hold.
Among those changes is one that would see foreign residents no longer able to claim the capital gains tax exemption when selling their Australian home while living overseas. Under the proposed changes, Australian citizens who are living overseas and choose to sell their Australian home would be hit with capital gains tax dating back to the time the owner purchased the home.
Currently, Australians living overseas are able to claim the capital gains tax exemption on their family home, provided that the home has only been rented out for no more than six years at a time.
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