The formula.
Capital gain = Sale price − Cost base
Assessable gain = max(0, Gain − Carried losses) × (1 − discount)
CGT payable = Assessable gain × Marginal tax rate
Where discount = 50%if you’re an individual / joint owner / trust holding 12+ months (s115-25), 0% if you’re a company or held under 12 months. Marginal rate is your 2025-26 progressive personal rate (up to 45%) plus 2% Medicare levy — or a flat 30% if held in a company.
Everything else is a refinement of those three lines.
Cost base — the five elements of s110-25.
The cost base is what you subtract from sale price. It’s not just the purchase price. ITAA 1997 s110-25 defines five elements:
| Element | What it includes | Example on $800K purchase |
|---|---|---|
| 1. Money paid | Purchase price | $800,000 |
| 2. Incidental costs at acquisition | Stamp duty, legals, building & pest, survey | $44,000 |
| 3. Ownership (investment only) | Interest, rates, insurance for post-21-Aug-1991 acquisitions (NOT deductible in the year; added to cost base instead) | rarely material |
| 4. Capital improvements | Renovations, extensions, structural upgrades (repairs/maintenance are s25-10 deductions in the year, not cost base) | $40,000 |
| 5. Disposal costs | Agent commission, conveyancing, advertising, styling | $30,000 |
In this example cost base is $914,000. On a $1,200,000 sale: gross gain = $286,000. Before any other adjustment, that’s your starting point.
Depreciation recapture: s110-45(2).
Every dollar of Div 43 capital works depreciation you claimed during holding reduces your cost base at sale. So if you claimed $45,000 of Div 43 across 8 years of ownership, your $914,000 cost base drops to $869,000, and the gain becomes $331,000 instead of $286,000.
This sounds punitive but isn’t once you do the math. Those Div 43 deductions saved you (say) 37% × $45,000 = $16,650 in tax during holding. At sale, the $45,000 of recapture goes through the 50% CGT discount and then your marginal rate: $45,000 × 50% × 37% = $8,325. Net saving from claiming Div 43: $16,650 − $8,325 = $8,325 — roughly half of the deferred tax is kept.
Verdict: always claim Div 43 if you can substantiate it (quantity surveyor report is the standard). The recapture at sale is less than the deduction during holding because of the 50% discount.
Main residence exemption (s118-110) — the biggest lever.
If the property was your principal place of residence (PPOR) for the full ownership period, you pay $0 in CGT. The main residence exemption under s118-110 wipes the gain entirely for owner-occupied periods.
If the property was partly PPOR and partly rented, you get a proportional exemption:
Taxable proportion = Rental days / Total ownership days
On a 10-year hold where it was your PPOR for 4 years and rented for 6, the taxable portion is 6/10 = 60% of the otherwise-computed gain. The remaining 40% is exempt.
Rules: only one main residence per household at a time (couples share an exemption unless separated and independently taxed). Land under 2 hectares qualifies — excess land is treated as an investment. You must have actually moved in after purchase to establish it as PPOR.
The 6-year absence rule (s118-145) — the most-missed exemption.
If you move out of your main residence and rent it, you can elect to keep treating it as your main residencefor up to 6 years from the move-out date, as long as you don’t claim a different property as your main residence in the same period.
Example: buy at $600K, live in it for 2 years, move out for work, rent it for 6 years, sell at $1.1M. Without the 6-year rule, 75% of the gain is taxable (6 rental years of 8). With the rule applied, 100% of the 8 years count as PPOR — the entire gain is exempt. On a $500K gain at 37% marginal with the 50% discount, that’s ~$92K of CGT avoided.
The 6-year clock restarts each time you move back in, subject to reasonableness tests. If you rent for longer than 6 years continuously, the portion above 6 years becomes taxable. The rule is an election, not automatic — you have to claim it on your return.
Joint ownership — the cheapest tax planning move.
In joint names (typically 50/50), the capital gain is split evenly and each owner is taxed at their own marginal rate. If one partner is on 45% and the other is on 16%, the combined tax is dramatically lower than single-name ownership at 45%.
| Structure | On $300K discounted gain | CGT payable |
|---|---|---|
| Single name, 45% marginal | $300K × 45% | $135,000 |
| Joint 50/50, 45% + 30% | $150K × 45% + $150K × 30% | $112,500 |
| Joint 50/50, 45% + 16% | $150K × 45% + $150K × 16% | $91,500 |
Difference: $43,500 saved by joint ownership with a low-income partner, just from how the tax is distributed. This is the structural decision that should be made before purchase — changing ownership after acquisition triggers a CGT event itself (s104-10).
Carry-forward losses (s102-5).
Capital losses from other investments — shares, crypto, failed property — offset capital gains before the 50% discount is applied. So a $60K share loss offsetting a $200K property gain reduces the assessable gain to $140K, then the 50% discount cuts it to $70K.
Losses carry forward indefinitely with no expiry. You can’t offset them against ordinary income (salary, rent, dividends) — only against future capital gains. If you have unused losses and are considering a CGT-triggering sale, this is the year to do it.
The contract date vs settlement date rule.
Critical: the CGT event happens on contract date, not settlement (s104-10). If you sign on 28 June 2026 and settle on 15 August 2026, the gain is assessable in FY25-26 — due with your return lodged in 2026-27.
This matters for:
- 12-month discount threshold — the 12 months are measured contract-to-contract.
- Year-end planning— a sale contracted on 30 June lands in that financial year; 2 July lands in the next. For high-income years where you’d hit 45%, deferring contracts into a lower-income year can save tens of thousands.
- Setting money aside from settlement — compute estimated CGT before settlement so you can ring- fence the cash for the tax bill that lands months later.
When to sell now vs wait.
If you’re within weeks of crossing the 12-month discount boundary, waiting almost always wins. On a $100K gain at 37% marginal, the 50% discount saves $18,500 — far more than any foreseeable price move in 2-4 weeks.
Other timing triggers worth modelling:
- Partner on career break / parental leave (lower marginal rate).
- Year you’re relocating overseas (AU resident for tax but lower other income).
- Year you’re realising a capital loss elsewhere (offset available).
- Pre-retirement year where total income drops permanently.
Run sell-now vs wait →
Our CGT calculator shows the comparison explicitly when your hold is under 12 months.
Open CGT calculatorThe short version.
CGT is mechanical. Cost base plus five elements. Subtract accumulated Div 43. Subtract carry-forward losses. Apply 50% discount if held 12+ months. Tax at marginal rate, split by ownership share. Main residence exemption wipes the owner-occupied portion; 6-year absence rule extends it. Joint ownership saves tens of thousands by distributing the gain across rates.
Plan the sale before you list, not during conveyancing. Every decision — sell-now vs wait, single-name vs joint, PPOR-claim vs investor-claim — is worth thousands. Our calculator models all of it so you know the number before an agent knows your name.
Next step