
There Is No “Capital Gains Tax Rate”
Capital gains tax is not a separate tax. In the ATO’s own words: “Although it is referred to as ‘capital gains tax’, it’s part of your income tax. It’s not a separate tax.”
There is no separate rate, no separate return and no separate bill. Your net capital gain is added to your taxable income for the year, and the whole lot is taxed on the ordinary marginal rate scale. That means the same gain costs a different amount of tax at each level of other income.
Here is the same $100,000 gain on an asset held more than 12 months, for four people who differ only in their salary:
| Other income | Net capital gain | Marginal rate | Tax on the gain | Effective rate |
|---|---|---|---|---|
| $60,000 | $50,000 | 30% | $16,000 | 16.0% |
| $100,000 | $50,000 | 37% | $17,050 | 17.1% |
| $160,000 | $50,000 | 45% | $21,100 | 21.1% |
| $250,000 | $50,000 | 45% | $23,500 | 23.5% |
Identical $100,000 gain, 2026-27 rates, including the 2% Medicare levy. Effective rate is tax as a share of the full gain before the discount.
The “effective rate” column is the closest thing to a CGT rate that exists. It is an outcome, not a published figure. It moves with your income, and a gain large enough to push you into a higher bracket is partly taxed at that higher rate.
This holds for 2026-27. From 2027-28 a floor is added: Australian resident individuals pay at least 30% on gains that build up from 1 July 2027, unless they receive a payment such as the Age Pension that year. See the section on the 1 July 2027 changes below.
How CGT Is Actually Calculated
The ATO sets out eight steps. The calculator above follows them in the same order, and the order changes the result:
- Work out your capital proceeds: what you received.
- Work out your cost base: what the asset cost you to buy, hold and sell.
- Subtract the cost base from the proceeds. Above zero is a gain, below zero is a loss.
- Repeat for every CGT event in the year.
- Subtract your capital losses: carried-forward losses first.
- Check whether you are left with a net gain or a net loss.
- Apply the 50% discount to whatever remains that is eligible.
- Report the net capital gain and pay tax on it at your marginal rate.
Losses come off before the discount, not after. This is step 5 before step 7, and reversing them is the most common error in third-party CGT calculators. It always understates the tax. See the worked example below, where getting the order wrong hides $2,250 of gain.
Worked Example: The ATO’s Investment Property
This worked example is the ATO’s own. Rhi buys an investment property for $500,000 and sells it five years later for $600,000:
| Capital proceeds | $600,000 |
| Cost base: $500,000 purchase, $15,000 stamp duty, $1,200 conveyancing, $1,300 conveyancing on sale, $12,500 agent’s commission | −$530,000 |
| Capital gain | $70,000 |
| 50% CGT discount | −$35,000 |
| Net capital gain reported | $35,000 |
Now add a second asset. In the same year Rhi also sells shares that cost $10,000 for $5,500, a capital loss of $4,500:
| Capital gain on the property | $70,000 |
| Capital loss on the shares, applied first | −$4,500 |
| Gain after losses | $65,500 |
| 50% CGT discount | −$32,750 |
| Net capital gain reported | $32,750 |
Discount first, then losses, would give $30,500, understating the gain by $2,250.
The 12-Month 50% CGT Discount
If you are an Australian resident for tax purposes and you owned the asset for at least 12 months before the CGT event, you halve the remaining gain. Two details decide whether you actually qualify:
- You exclude both end days. The day you acquired the asset and the day of the CGT event do not count toward the 12 months.
- For a contract sale, the CGT event is the contract date: not settlement. Property sales usually work this way, and it also decides which financial year the gain falls in.
There is no partial discount. Eleven months and 29 days gets you nothing; the discount is all or nothing.
The discount is not the same for everyone
| Who owns the asset | CGT discount |
|---|---|
| Individual | 50% |
| Australian trust | 50% |
| Complying super fund | 33.33% |
| Company | No discount |
ATO, CGT discount (QC66019).
Companies cannot use the CGT discount at all, no matter how long they held the asset. That is one reason holding an appreciating asset inside a company is often less tax-effective than holding it personally.
Two other cases change the answer. Providing affordable rental housing can add up to 10%, lifting the discount to as much as 60%. And for assets acquired before 21 September 1999 you may instead index the cost base for inflation, but you cannot use both indexation and the discount.
What Goes in the Cost Base
Your cost base includes more than the purchase price. Every dollar you correctly add to the cost base cuts your capital gain by a dollar. The ATO builds it from five elements:
1. Money paid or property given for the asset
The money you paid (or are required to pay) for the asset, plus the market value of any property you gave to acquire it.
Purchase price · Market value of property exchanged
2. Incidental costs of acquiring the asset or of the CGT event
Ten specific incidental costs, incurred either when you acquired the asset or when you disposed of it.
Stamp duty · Conveyancing and legal fees · Agent's commission on sale · Surveyor, valuer, auctioneer, accountant or broker fees · Advertising or marketing to find a buyer or seller · Borrowing expenses such as loan application and mortgage discharge fees · Search fees and the cost of a conveyancing kit
3. Costs of owning the asset
Holding costs, but only where you could not claim them as a deduction. You cannot use these to work out a capital loss, and they do not apply to assets acquired before 21 August 1991.
Rates and land tax · Insurance premiums · Repairs · Non-deductible interest on money borrowed to acquire the asset
4. Capital costs to increase or preserve the asset's value
Capital expenditure to increase or preserve the asset's value, or to install or move it. Goodwill is excluded.
Capital improvements and extensions · Costs of applying for zoning changes
5. Capital costs of preserving or defending your title
Capital expenditure to preserve or defend your ownership of, or rights to, the asset.
Legal costs of defending title · Paying a call on shares
What you must leave out
The governing rule is simple: you cannot include anything you have claimed, or could claim, as a tax deduction. Double-dipping is the mistake the ATO looks for.
- Any cost you can claim as a tax deduction, including capital works deductions, which reduce the cost base rather than adding to it
- GST net input tax credits, if you are registered for GST
- Expenditure you later recouped, such as an insurance payout or an amount paid by someone else, unless you included it in assessable income
- Heritage conservation expenditure, and land care or water facility spending that gave rise to a tax offset, for assets acquired after 13 May 1997
- Any part of an expense not attributable to acquiring the asset
Capital works deductions go the other way. If you claimed capital works deductions on the building, those deductions reduce your cost base rather than adding to it, which increases your gain. In the ATO’s example, a $100,000 cost base less $7,500 of capital works deductions leaves a reduced cost base of $92,500, turning a $10,000 apparent loss into a $2,500 one. See our tax deductions guide for what you can claim along the way.
One trap on the third element: holding costs like rates, land tax, insurance and interest only go in the cost base where they were not deductible. For a normal rental property you have already deducted them, so they cannot be counted again. They also cannot be used to create or increase a capital loss.
Is Your Home Exempt? Not Automatically
The main residence exemption is the CGT exemption for the dwelling you live in as your home. It is not automatic. To get the full exemption, all three of these must hold:
- The dwelling has been the home of you, your partner and other dependants for the whole period you owned it
- It has not been used to produce income: you have not run a business from it, rented it out, or bought it to renovate and sell at a profit
- It is on land of 2 hectares or less
Fail any one of them and you fall back to a partial exemption, where part of the gain becomes assessable. The usual causes are renting out a room, running a business from home, or buying a place to renovate and flip. Being a foreign resident when the CGT event happens can remove the exemption entirely.
A dwelling is generally your main residence if you and your family live in it, your belongings are there, it is your mailing and electoral-roll address, and services are connected. Vacant land never qualifies: the property must have a dwelling on it and you must have lived in it.
The 6-year rule
When you move out, you can keep treating the property as your main residence:
- Indefinitely, if you do not use it to produce income, for example you leave it vacant or use it as a holiday house.
- For up to 6 years, if you do use it to produce income. This is the “6-year rule”.
While the choice applies you cannot treat any other property as your main residence, except for up to 6 months while you are moving house. The 6 years applies to each separate period of absence: move back in, then leave again, and the clock restarts.
What happens if you exceed 6 years
You are taxed on the portion of the ownership period after the limit, and your cost base resets to the market value when you first used the home to produce income. The ATO’s worked example: an apartment sold for $555,000 with a deemed cost base of $220,000 plus $15,000 of selling fees gives a $320,000 gain. With 6,940 non-main-residence days out of 9,133 ownership days:
| Capital gain | $320,000 |
| × (6,940 non-main-residence days ÷ 9,133 ownership days) | $243,162 |
| After the 50% discount | $121,581 |
If you used part of your home to produce income before you moved out (say 25% as a consulting room), that same proportion of the gain stays assessable, both before and after you leave.
Capital Losses: What They Can and Cannot Do
A capital loss cannot reduce the tax on your salary. Losses offset capital gains only. If you are hoping a bad share year will cut your PAYG bill, it will not.
What losses can do:
- Offset capital gains in the same year.
- Carry forward indefinitely: there is no time limit, to offset future capital gains.
- Be applied selectively. You choose which gains to apply them to, and applying them to gains that are not discount-eligible first gives you the lowest tax.
Some losses are not usable at all. You cannot deduct losses on personal use assets such as boats and furniture, on CGT-exempt assets such as cars and motorcycles, or on low-value collectables. Losses on collectables can only ever offset gains on other collectables.
Which Assets Are Exempt
- Assets acquired before 20 September 1985 (pre-CGT assets)
- Your main residence, where you meet all the conditions
- Cars and motorcycles, a car being a vehicle carrying under 1 tonne and fewer than 9 passengers
- Depreciating assets used solely for taxable purposes, such as business equipment and items in a rental property
- Collectables acquired for $500 or less, and personal use assets acquired for $10,000 or less
- Eligible granny flat arrangements
- Compensation or damages for a wrong, injury or illness suffered by you or a relative
- Winnings or losses from gambling, a game, or a competition with prizes
Exemption cuts both ways: if an asset is exempt from CGT, you also cannot claim a capital loss on it. Assets acquired before 20 September 1985 are pre-CGT and exempt, though improvements made after that date can still be caught. That exemption ends on 1 July 2027: growth up to that date stays tax-free, but growth after it is taxed when you sell. The full list of exempt assets is on the ATO.
Coming 1 July 2027: The Discount Changes
2026-27 is the last full income year of the 50% discount in its current form, but nothing on this page changes yet. The reform applies only to CGT events on and after 1 July 2027, and only to the part of a gain that builds up from that date.
Two Acts received assent on 26 June 2026: the Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (Act No. 49 of 2026) and the Income Tax Rates Amendment (Tax Reform No. 1) Act 2026 (Act No. 50 of 2026). For gains that build up on and after 1 July 2027, they replace the 50% discount for Australian resident individuals and trusts, including partnership gains, with:
- Cost base indexation for assets held at least 12 months. Each cost is grown by inflation: CPI for the quarter you sell divided by CPI for the quarter you paid the cost. Ownership costs such as rates and interest are not indexed. You are taxed on the real gain, not the nominal one; and
- a 30% minimum tax for Australian resident individuals. If the income tax on your post-1 July 2027 gains comes to less than 30% of those gains, you pay the gap as extra tax. It does not apply in a year you receive a payment such as the Age Pension, JobSeeker Payment, Disability Support Pension, Carer Payment or Family Tax Benefit. It does not apply to companies or super funds.
It is not a clean switch-off. An asset you hold through 30 June 2027 is treated as sold that day and bought back on 1 July 2027, at its market value, or by a method the Minister can set instead. You pay nothing on that deemed sale. When you really sell, the gain is split: the part that built up before 1 July 2027 generally gets the old 50% discount, and the part after it gets indexation and the minimum tax. A valuation at 1 July 2027 will matter more than the headline rate.
A discount still applies to:
- the part of a gain that built up before 1 July 2027
- new residential dwellings, unless the investor chooses indexation and the minimum tax instead
- affordable housing, where the discount of up to 60% is kept
- complying super funds, which keep their one-third discount and are outside the reform
These are outside the new indexation regime: companies, complying superannuation entities, life insurance companies, foreign residents, temporary residents. Companies still get no discount, as now.
Not law yet. The Treasury Laws Amendment (Tax Reform No. 3) Bill 2026, introduced on 14 October 2026, is still before Parliament. It proposes:
- a 30% minimum tax on the net income of some discretionary trusts from 1 July 2028
- a discount and indexation for foreign and temporary residents, pro-rated to their days of Australian residency
- no 30% minimum tax on gains of testamentary trusts, deceased estates and special disability trusts
- a legal definition of a new residential dwelling
We have not built the post-1 July 2027 rules into this calculator. Indexation needs the CPI figure for the quarter you sell, which does not exist yet, and the split needs your asset’s value at 1 July 2027. We do not publish figures we cannot check at source. Use this calculator for 2026-27 sales and read the Act itself or the Parliamentary Library bills digest. The ATO’s Capital gains tax reform page (published 13 October 2026) says the first stage “is now law” and that the 2027-28 tax return is the first one it can affect. It also says the Government is still developing the apportionment method, and that the ATO will publish market valuation guidance before 1 July 2027.
Related Calculators
- Income Tax Calculator: your full liability once the gain is included
- Australian Tax Brackets: the marginal rates the gain is taxed at
- Take-Home Pay Calculator: what lands in your account each pay
- Tax Deductions Guide: what you can claim along the way, and why it changes your cost base
- Tax Return Calculator: estimate your refund or bill
Frequently Asked Questions
Capital gains tax questions and answers
How much is capital gains tax in Australia?
There is no fixed amount and no separate capital gains tax rate. The ATO is explicit that although it is called capital gains tax, "it's part of your income tax. It's not a separate tax." Your net capital gain is added to your taxable income and taxed at your marginal rate, so two people with the same gain pay different amounts when their other income differs. If you are an Australian resident and owned the asset for at least 12 months, you are taxed on only 50% of the gain. On a $165,000 gain with $100,000 of other income, $82,500 is added to taxable income and the tax and Medicare levy come to about $29,725.
What is the capital gains tax rate in Australia?
Australia has no separate capital gains tax rate. The gain is taxed at whatever marginal rate applies once it is stacked on top of your other income, which for 2026-27 means anywhere from 0% to 45% plus the 2% Medicare levy. Because the 50% discount halves the taxable portion, the effective rate on the full gain for a top-bracket taxpayer works out at roughly 23.5%, but that is an outcome of the marginal rates, not a rate the ATO publishes. From 2027-28 there is also a floor: Australian resident individuals pay at least 30% on gains that build up from 1 July 2027, unless they receive a payment such as the Age Pension that year.
How does the 50% CGT discount work?
If you are an Australian resident for tax purposes and you owned the asset for at least 12 months before the CGT event, you reduce the remaining capital gain by 50% and report only that half. Two details catch people out. First, you exclude both the day you acquired the asset and the day of the CGT event when counting the 12 months. Second, you must subtract any capital losses BEFORE applying the discount, not after. Doing it the other way around understates your tax.
Do I pay capital gains tax if I sell within 12 months?
Yes, and you get no discount at all. The 50% discount is unavailable for any asset held less than 12 months, so the entire gain is added to your taxable income. There is no partial or pro-rata discount for an asset held just short of 12 months. On the same $165,000 gain used above, selling early takes the tax from about $29,725 to about $67,900, a difference of roughly $38,175 from signing the sale contract too early.
What can I include in the cost base?
The cost base has five elements: what you paid for the asset; incidental costs of buying or selling it such as stamp duty, conveyancing, legal fees and agent's commission; costs of owning it such as rates, land tax, insurance and non-deductible interest; capital costs that increase or preserve its value, such as improvements; and capital costs of defending your title. The cost base excludes anything you have claimed or can claim as a tax deduction. Capital works deductions in particular reduce your cost base rather than adding to it, which increases your gain.
Is my home exempt from capital gains tax?
Not automatically. The full main residence exemption requires all three conditions to hold: the dwelling was the home of you and your dependants for the whole period you owned it, it was never used to produce income, and it sits on 2 hectares or less. If you rented out a room, ran a business from home, or bought it to renovate and resell, you fall to a partial exemption and part of the gain becomes assessable. Being a foreign resident when you sell can remove the exemption entirely.
What is the 6-year rule for capital gains tax?
If you move out of your home you can keep treating it as your main residence for CGT purposes: indefinitely if you leave it vacant or let a relative use it rent-free, but only for 6 years if you use it to produce income such as rent. While the choice applies you cannot treat any other property as your main residence, except for up to 6 months when you are moving house. The 6-year limit applies separately to each period of absence, so moving back in and later leaving again resets the clock.
Can capital losses reduce the tax on my salary?
No. Capital losses can only be offset against capital gains, never against ordinary income like wages. If your losses exceed your gains you have a net capital loss, which you carry forward to reduce capital gains in future years. There is no time limit on how long you can carry a net capital loss forward, and you apply carried-forward losses in the order you made them. Losses on collectables can only be used against gains on other collectables, and losses on personal use assets or CGT-exempt assets such as your car cannot be used at all.
Is the 50% CGT discount being abolished?
It is changing, but not yet. The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (Act No. 49 of 2026) and the Income Tax Rates Amendment (Tax Reform No. 1) Act 2026 (Act No. 50 of 2026) received assent on 26 June 2026. For gains that build up on and after 1 July 2027, they replace the 50% discount for Australian resident individuals and trusts, including partnership gains, with cost base indexation. Resident individuals also face a 30% minimum tax on those gains, unless they receive a payment such as the Age Pension that year. If you hold an asset on 30 June 2027, it is treated as sold at market value that day and bought back, so the part of the gain that built up before 1 July 2027 generally keeps the 50% discount when you sell. New residential dwellings keep the discount unless the investor chooses indexation, and super funds and companies are outside the change. For the whole of the 2026-27 income year the 50% discount applies exactly as this calculator applies it. The first affected year is 2027-28.
Do companies get the CGT discount?
No. Companies cannot use the CGT discount at all, however long they held the asset. Individuals and Australian trusts discount an eligible gain by 50%, and complying super funds by 33.33%. A company is therefore taxed on its whole capital gain, while an eligible individual is taxed on only the discounted amount.
When does the CGT event happen: contract date or settlement?
For a sale under a contract, the CGT event happens on the date of the contract, not when the sale settles. Property sales usually work this way and the distinction decides which financial year the gain falls in. The ATO's own example: Sue entered into a contract to sell land in June 2025 and the contract settled in October 2025, so she made the capital gain in the 2024-25 income year, not 2025-26. If there is no contract of sale, the CGT event happens at the time of sale.
How is CGT calculated on shares?
CGT on shares is calculated exactly the same way as on property. Your capital proceeds are what you sold the shares for; your cost base is what you paid plus incidental costs of buying and selling them, such as brokerage on both the purchase and the sale. Subtract the cost base from the proceeds to get the gain, subtract any capital losses, then apply the discount if you held the shares at least 12 months. Shares are usually bought in parcels at different times, so you need to track each parcel separately: each parcel has its own cost base and its own holding period.
Do I get a bigger discount for affordable housing?
Yes. Australian-resident individuals who provide affordable rental housing to people on low to moderate incomes can qualify for an additional CGT discount of up to 10%, which lifts the total discount to as much as 60% on that residential rental property. The extra discount has conditions on how long the housing is provided and through whom.
Which assets are exempt from capital gains tax?
Assets acquired before 20 September 1985 are pre-CGT and exempt, but only until 1 July 2027: growth after that date is taxed when you sell. Your main residence is exempt if you meet all the conditions. Your car and motorcycle are exempt, as are depreciating assets used solely for taxable purposes, and collectables acquired for $500 or less. A personal use asset such as a boat or furniture is only subject to CGT if it cost more than $10,000. Exemption cuts both ways: if an asset is exempt from CGT you also cannot claim a capital loss on it.
How this calculator works▼
The method, the 50% discount, the five cost base elements and the loss rules come from the ATO’s How to calculate your CGT (QC104071), CGT discount (QC66019), Cost base of assets (QC66022) and Using capital losses (QC66025), all verified 9 October 2026. The main residence rules come from QC69710 and QC66030.
Tax on the gain is computed by adding the net capital gain to your other income and taking the difference in income tax and Medicare levy. It never applies a standalone CGT rate, because no such rate exists. It uses the 2026-27 resident brackets and the 2% Medicare levy. It does not model the Medicare levy surcharge, HECS-HELP repayments, other offsets, the indexation method for pre-21 September 1999 assets, small business CGT concessions, or the post-1 July 2027 regime. Every figure on this page is derived from a single constants file and checked against the ATO’s published worked examples (Rhi, Justin, Maree, Danuta, Roya and Helen) in automated tests.
This is general information, not personal tax advice. CGT on property and inherited assets gets complicated quickly; see a registered tax agent for your own position.
Sources & References
- 1What is capital gains tax? (QC69844), Australian Taxation Office
- 2CGT discount (QC66019), Australian Taxation Office
- 3Capital gains tax reform (QC108170), Australian Taxation Office
- 4How to calculate your CGT (QC104071), Australian Taxation Office
- 5Cost base of assets (QC66022), Australian Taxation Office
- 6Using capital losses to reduce capital gains (QC66025), Australian Taxation Office
- 7Treating former home as main residence (QC66030), Australian Taxation Office
- 8Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (Act No. 49 of 2026), Federal Register of Legislation
- 9Income Tax Rates Amendment (Tax Reform No. 1) Act 2026 (Act No. 50 of 2026), Federal Register of Legislation
- 10Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 (not yet law), Parliament of Australia
- 11Budget 2026-27, Tax reform, Australian Government
Last verified: 9 October 2026. Our content is based on the latest information from official Australian government sources.
Anita Bell
AuthorFounder & Senior Bookkeeper
Accountancy degree (2015); certified in Xero, QuickBooks Online, MYOB, Saasu, Zoho and Reckon One
Anita Bell earned her accountancy degree in 2015 and has worked as a senior bookkeeper with Prime Bookkeeping for over 5 years. This built her skills in Australian and New Zealand tax legislation and industry regulations. She is certified in Xero, QuickBooks Online, MYOB, Saasu, Zoho and Reckon One, and works with payroll and rostering software including Gusto, Deputy, Tsheets and KeyPay. She has strong experience in hospitality, building and construction, financial services, real estate, ecommerce, and medical and health services.
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