Capital Gains Tax Lawyers

Our capital gains tax lawyers advise individuals, investors, and business owners across Australia on all aspects of CGT law, including property sales, business sales, main residence exemptions, small business CGT concessions, business restructures, property developments, deceased estates and ATO audits.

We explain complex capital gains tax rules in plain language and deliver practical, strategic advice that minimises tax liability, ensures compliance and achieves the best commercial outcome.

What is capital gains tax?

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 Advice for Business and Property

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.

CGT Advice

Every transaction is different. We provide upfront, tailored CGT advice so you understand your obligations, access available concessions, and structure deals with confidence.

Property Sales

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.

Business Sales

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.

Main Residence

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.

Small Business Concessions

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.

Business Restructures

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.

Developments

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.

Deceased Estates

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.

ATO Audits

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.

What triggers a CGT audit?

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.

Preserving Gains, Protecting Futures

A capital gains tax liability can erode the value of years of investment. We help you plan ahead, apply concessions and protect your wealth for the future.

Further Tax Solutions

Why seek advice on capital gains tax?

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.

Tax Certainty

We explain how CGT applies to your transaction so you know upfront what to expect and how to plan for it.

Tax Savings

We identify and secure the concessions, exemptions, and rollovers available to you, reducing or eliminating tax where possible.

Tax Compliance

We prepare and align documents so your CGT position is consistent, defensible, and less likely to attract ATO review.

Tax Protection

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.

We’re here to protect your wealth

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.

Why choose us for your capital gains tax matter?

When CGT threatens to erode your gains, you need advice that is precise, practical and timely.

Practical Strategies

We translate complex tax law into actionable steps that work in practice for property and business disposals.

Proven Results

We’ve reduced liabilities, secured concessions, and resolved ATO reviews with clear, evidence-based submissions.

Personalised Service

Your assets and goals are unique. We tailor advice to your circumstances and structure solutions to fit your commercial objectives.

Cost Effective Approach

We scope issues upfront, keep drafting lean and offer fixed fees wherever possible, so you know exactly where you stand.

Client Testimonials

I engaged Axe Legal when selling an investment property I had owned for over 20 years. Boris carefully analysed my situation, identified that I qualified for a partial main residence exemption and worked with my accountant to make sure everything was declared correctly. Thanks to their advice I saved thousands in unnecessary tax.

When I sold my business, I had no idea how the small business CGT concessions worked. Boris explained the 15-year exemption, retirement exemption, and active asset test in plain English and confirmed which applied to my sale. He prepared all the supporting documents for my accountant and helped me secure a full exemption. I couldn’t be happier with the result.

I contacted Axe Legal after receiving an ATO query about a subdivision I’d completed. Stefan reviewed the development and explained why part of the profit was subject to CGT and not ordinary income. He prepared a detailed response to the ATO that resolved the matter without penalties or escalation. Their professionalism and calm approach made a stressful situation much easier.

After inheriting property from my late father’s estate, I was unsure how capital gains tax applied to the sale. Boris calculated the correct cost base and confirmed I was eligible for a full exemption under the deceased estate rules. His advice was clear and saved me from paying tax I didn’t owe.

I contacted Axe Legal for stamp duty and capital gains tax advice. From initial contact right through to a successful outcome both Stefan and Boris were a pleasure to deal with. They were knowledgeable, empathetic, efficient and highly responsive with their communications. It was a first time experience for me and I would have no hesitation recommending them.

I was about to acquire land to carry out a development and wanted to make sure that I had taken into account the correct amount of tax before I moved forward with the development. My accountant referred me to Axe Legal and I spoke to Stefan who quickly identified all of the tax consequences that I might face and explained them to me in simple terms. His tax knowledge and advice was downright impressive and he recommended a structure that saved me close to $100K. I would definitely recommend Axe Legal for all taxation advice.