Capital Gains Tax (CGT) applies when you dispose of assets such as property, shares or business interests.
The rules are complex, with exemptions, rollovers, and concessions that depend on timing and circumstances.
Our CGT lawyers help you minimise liability, structure transactions and manage ATO reviews with confidence.
CGT is the tax you pay on the gain from selling or disposing of assets such as property, shares or units in a trust.
While it is part of the income tax system, the calculation of gains (and access to discounts or exemptions) is complex.
The way you hold an asset, how long you have owned it, and the nature of the transaction all affect your tax outcome.
Getting it wrong can mean overpaying, facing penalties or missing out on valuable concessions or exemptions.
Capital Gains Tax applies to a wide range of transactions – from property and shares to business assets and estates. These are the most common CGT issues our lawyers resolve for clients.
Every transaction is different. We provide upfront, tailored CGT advice so you understand your obligations, access available concessions, and structure deals with confidence.
We advise on investment property disposals and partial exemptions where properties are used for both private and business purposes, ensuring you don’t pay more tax than required.
Selling shares, units, or business assets can trigger significant CGT. We structure deals to maximise outcomes under the 15-year exemption, 50% reduction, and retirement exemption.
The main residence exemption is one of the most valuable in the CGT regime. We confirm eligibility, apply partial exemptions where needed, and defend positions in ATO reviews.
The small business CGT concessions can reduce or eliminate tax on qualifying disposals. We navigate turnover tests, active asset rules, and ownership thresholds to secure the relief available.
From small business rollovers to complex corporate restructures, we ensure CGT relief is applied correctly, prepare the documentation, and protect you in the event of an ATO review.
Subdividing or developing land can shift profits from CGT to ordinary income. We clarify the tax treatment, structure projects effectively, and reduce the risk of double taxation.
Transfers and disposals of estate assets have unique CGT rules. We guide executors and beneficiaries on exemptions, timing, and compliance to preserve entitlements and avoid disputes.
Transferring property under a will or intestacy can be duty-free if the rules are followed. We advise executors and beneficiaries on exemptions, timing, and documentation to protect entitlements.
The ATO often reviews transactions where it sees warning signs – large capital gains, property disposals without clear exemption claims, use of small business concessions or discrepancies between tax returns and asset holdings.
If you are audited, we take the lead – we frame your position with evidence, correct errors strategically and negotiate practical outcomes.
Where escalation is needed, we pursue objections or reviews while protecting your financial position and keeping transactions on track.
CGT can be one of the largest tax costs individuals and businesses face. Advice ensures you access every concession available, avoid errors that lead to disputes and protect your after-tax wealth.
We explain how CGT applies to your transaction so you know upfront what to expect and how to plan for it.
We identify and secure the concessions, exemptions, and rollovers available to you, reducing or eliminating tax where possible.
We prepare and align documents so your CGT position is consistent, defensible, and less likely to attract ATO review.
If the ATO does review your matter, we represent you directly, manage the process, and work toward outcomes that protect your assets and cash flow.
Whether you’re selling property, restructuring a business or resolving an ATO review, our CGT advice helps you minimise tax, protect assets and secure long-term outcomes.
When CGT threatens to erode your gains, you need advice that is precise, practical and timely.
We translate complex tax law into actionable steps that work in practice for property and business disposals.
We’ve reduced liabilities, secured concessions, and resolved ATO reviews with clear, evidence-based submissions.
Your assets and goals are unique. We tailor advice to your circumstances and structure solutions to fit your commercial objectives.
We scope issues upfront, keep drafting lean and offer fixed fees wherever possible, so you know exactly where you stand.
