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How to Avoid CGT on Property in Australia

Thomas Roberts
Written By Thomas Roberts
Thomas Roberts
Thomas Roberts Founder, Which Real Estate Agent
Thomas Roberts founded Which Real Estate Agent in 2011. Since inception over 44,000 Australians have used its services to navigate one of life's most significant emotional and financial decisions.
Founder, Which Real Estate Agent Updated Nov 2, 2025

If you’ve owned a property that’s grown in value, it’s only natural to wonder how much of that gain you’ll actually keep after tax. Capital Gains Tax (CGT) is one of the biggest costs property owners face when selling but the good news is, there are legitimate ways to reduce or even avoid it.

In this guide, we’ll walk you through everything you need to know about how CGT works, what exemptions you can claim, and the smart strategies Australians use to minimise their tax bill. Whether you’re a homeowner, investor, or planning to sell soon, you’ll learn:

  • What triggers CGT when you sell property
  • The main residence exemption and six-year rule that could help you pay nothing at all
  • How to maximise your cost base to reduce your taxable gain
  • Legal strategies to time your sale and offset losses for lower tax

You’re doing the right thing by planning ahead with the right records and timing, you can save thousands.

Key Takeaways

  • You only pay Capital Gains Tax (CGT) on a property if you make a profit and it isn’t fully exempt.
  • Your main residence is usually CGT-free, and the six-year rule can extend this exemption if you rent it out temporarily.
  • Holding an investment property for over 12 months can give you a 50% CGT discount.
  • You can reduce CGT by adding renovation and selling costs to your cost base.
  • Timing your sale in a lower-income year can lower your tax bill.
  • Offsetting losses from other investments can reduce your overall CGT liability.
  • Company-owned properties and frequent “flips” don’t qualify for CGT discounts.
  • Good record keeping is essential, missing receipts can cost you thousands.
  • Plan early and seek advice from a tax professional before listing your property.
  • Choosing the right real estate agent helps you sell smart and protect your profit.

Next step: Before diving in, it’s worth comparing experienced local agents who understand how sale structure and timing affect your net profit. Compare top real estate agents near you and find someone who can help you sell smart, not just fast.

What is Capital Gains Tax (CGT) on Property?

Capital Gains Tax (CGT) is the tax you pay on the profit from selling an asset, such as a property. In simple terms, it’s the difference between what you paid for the property (your cost base) and what you sold it for.

If the sale price is higher than the cost base, that difference is your capital gain and it’s added to your taxable income for that financial year. CGT isn’t a separate tax; it’s part of your income tax.

You’ll only pay CGT if:

  • The property was acquired after 20 September 1985, when CGT was introduced in Australia.
  • It wasn’t your main residence for the entire time you owned it.
  • You made a profit from the sale (after deducting eligible costs).

Example

If you bought an investment property for $600,000 and later sold it for $850,000, your capital gain would be $250,000 (before adding costs and discounts). That amount is what CGT is calculated on.

You can reduce this gain through exemptions, discounts, and timing strategies.

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Key Exemptions and Discounts You Can Use

The best way to avoid or reduce CGT is by understanding the legal exemptions and discounts available to Australian property owners. These rules exist to make sure people aren’t unfairly taxed on their family home or long-term investments.

Let’s go through the main ones.

Main Residence Exemption (MRE)

If the property you’re selling has been your main home, you may not have to pay any CGT at all. The main residence exemption (MRE) applies when:

  • You lived in the home most of the time you owned it
  • The property was used mainly for personal, not business, purposes
  • It wasn’t producing income (for example, rented out or run as a business)
  • You haven’t claimed another property as your main residence at the same time

In most cases, if you’ve owned and lived in your home for the entire period, the sale is completely CGT-free. However, if you rented it out for a while or used part of it for business, only a partial exemption may apply.

The 6-Year Rule (Temporary Absence)

If you move out of your home and decide to rent it out, the six-year rule allows you to keep treating it as your main residence for CGT purposes meaning you can still avoid paying tax when you sell. This rule can apply if:

  • You originally lived in the property as your home
  • You moved out and rented it
  • You sold it within six years of moving out
  • You didn’t claim another home as your main residence during that time

Example:
You buy a home in 2015, live there for three years, then move interstate and rent it out. If you sell it in 2024 (within six years of moving out), you could still be exempt from CGT on the full gain. If you move back in at any stage, the six-year period resets giving you another potential window.

50% CGT Discount for Long-Term Investors

If you’ve owned an investment property for more than 12 months, you may qualify for the 50% CGT discount. That means you only pay tax on half of your capital gain. This discount applies to:

  • Individuals and trusts (not companies)
  • Properties held for at least 12 months before selling

For example, if your gain is $100,000, only $50,000 is added to your taxable income.

Tip: This discount can make a big difference, especially when combined with smart timing or offsetting strategies (covered below).

Other Exemptions and Concessions

  • Pre-1985 properties: If you bought your property before 20 September 1985, it’s exempt from CGT entirely.
  • Small business CGT concessions: If the property is used for business purposes, there are additional concessions that may reduce or eliminate the gain best discussed with a tax adviser.

Estimate Your Capital Gains Tax in Minutes

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Estimate Your Capital Gains Tax in Minutes
Enter your property details below and we will give you an estimate of the Capital Gains Tax applicable.
Are you selling your main residence?
Have you owned the property for more than 12 months?
Property Sale Price $850K
Property Purchase Price $400K
Additions to Cost Base $50K
Effective Tax Rate 25%
Taxable Capital Gain
$0
Capital Gain Tax Payable
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Practical Strategies to Legally Minimise or Avoid CGT

Once you understand the key exemptions, the next step is knowing how to use them effectively. The goal isn’t to dodge tax, it’s to make sure you only pay what’s legally required. With smart planning, timing, and record-keeping, you can often reduce your capital gains tax bill dramatically.

Here are the top strategies to help you do just that.

1. Use the Main Residence Exemption Wisely

Your main residence exemption (MRE) is one of the most powerful tools for avoiding CGT but it only works if your property genuinely qualifies as your principal place of residence. Here’s how to make the most of it:

  • Live in the property soon after buying it.
  • Keep records of your utility bills, electoral enrolment, or mail, proving you lived there.
  • If you move out and rent the home, use the six-year rule to keep claiming it as your main residence.
  • Avoid claiming another property as your main residence during that period.

Tip: If you rent the property for more than six years or use part of it for income (like Airbnb), you may still get a partial exemption.

2. Maximise Your Cost Base

Your cost base includes everything you spent buying, holding, and selling your property and the higher it is, the lower your capital gain. Costs you can add include:

  • Purchase price
  • Stamp duty
  • Legal and conveyancing fees
  • Building or pest inspections
  • Agent’s selling commission
  • Advertising costs
  • Capital improvements (e.g. kitchen remodel, extensions, landscaping)

Routine repairs don’t count, but improvements that increase the property’s value or lifespan do.

Example: If you renovated your bathroom for $20,000, that amount can be added to your cost base, reducing your taxable gain by the same amount.

3. Time the Sale in a Lower-Income Year

CGT is added to your taxable income for the financial year in which you sell — so timing matters.

If you expect to have a lower income in a certain year (for example, if you’re retiring, taking a break, or changing jobs), consider finalising the sale then. A lower taxable income means you may fall into a lower tax bracket, reducing how much CGT you pay overall.

Example:
Selling your investment property in a year you earn $60,000 instead of $120,000 could save you thousands in tax.

4. Hold the Property Long Enough

If you sell your investment property after less than 12 months, you’ll pay CGT on the full capital gain. But if you hold it for more than 12 months, you may qualify for the 50% CGT discount. This alone can halve your taxable gain, so it’s often worth delaying your sale to meet the 12-month mark.

5. Offset Capital Losses from Other Investments

If you’ve made a loss on other investments such as shares or another property you can offset those losses against your capital gains. This means you only pay CGT on the net gain after subtracting the losses.

Example: If you made a $60,000 gain on one property but lost $20,000 on another investment, you’ll only pay CGT on $40,000.

Tip: Unused capital losses can be carried forward to offset future gains.

6. Use the Right Ownership Structure

How your property is owned can make a big difference to your CGT outcome.

  • Individuals can access the 50% discount after 12 months.
  • Trusts may distribute the capital gain among beneficiaries.
  • Self-managed super funds (SMSFs) get a one-third discount (33.3%) on long-term gains.
  • Companies can’t claim any CGT discount at all.

If you’re planning to invest again, speak with a tax adviser before purchasing to choose the best structure for your goals.

Warning: If you frequently buy, renovate, and sell properties, the ATO may view it as a business activity, meaning normal income tax applies instead of CGT discounts.

7. Use the Contract Date to Your Advantage

Most people don’t realise that for CGT purposes, the event happens when the contract is signed, not at settlement. That means if you sign a sale contract on 1 July instead of 30 June, the gain will fall into the next financial year, potentially giving you more time to plan or benefit from a lower income year.

This simple timing adjustment can make a big difference in how much tax you owe.

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When the Strategies Don’t Work What Triggers CGT You Can’t Avoid

Even the best planning can’t always prevent CGT. Some situations automatically trigger it, no matter what exemptions or discounts you try to apply. Knowing these limits early helps you avoid surprises and make informed decisions before selling.

Here are the most common triggers that reduce or cancel your CGT benefits.

1. Renting Out Your Home for Too Long

The six-year rule can be a huge help but it has limits. If you rent out your property for more than six years while it’s treated as your main residence (and you don’t move back in), your CGT exemption may only apply partially.

You’ll pay tax on the period beyond those six years. For example, if you owned the home for 10 years and rented it out for eight, roughly two years’ worth of the gain may be taxable.

2. Using a Company Structure

If your property is owned through a company, you can’t claim the 50% CGT discount, even if it’s held for more than 12 months. That’s because companies pay a flat tax rate, not personal marginal rates, and the CGT discount only applies to individuals, trusts, and super funds.

So, while company ownership might help with asset protection, it rarely helps reduce CGT.

3. Losing the Discount as a Foreign Resident

If you’re an Australian who moves overseas or a foreign resident for tax purposes, you may lose access to the CGT discount. Foreign residents who acquired property after 8 May 2012 generally can’t claim the 50% reduction, unless certain conditions are met.

If you’re planning an extended time abroad, speak with a qualified tax adviser before selling or changing your residency status.

4. Running a Business from Home

If you used part of your property to run a home-based business such as an office, salon, or studio that section of your home may not qualify for the main residence exemption.

The ATO considers that portion as being used for income-producing purposes, meaning you may owe partial CGT on it when you sell.

5. Flipping Properties as a Business

If you regularly buy, renovate, and sell properties, the ATO may decide you’re in the business of property development, not an investor.

In this case:

  • Your profits are treated as ordinary income, not capital gains.
  • You don’t qualify for the 50% CGT discount.
  • You may also need to register for GST on sales.

This can be a costly mistake for people who flip homes frequently without realising the tax implications.

6. Poor Record Keeping

Finally, one of the most avoidable reasons people overpay CGT is missing paperwork. Without proper records of what you paid for improvements, stamp duty, or legal fees, you can’t add those costs to your cost base which means your taxable gain looks bigger than it really is. Keep a folder (digital or paper) with:

  • Original purchase contract
  • Invoices for renovations and improvements
  • Loan and stamp duty documents
  • Selling costs such as agent commission and marketing fees

The ATO requires you to keep these records for at least five years after selling.

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Conclusion

Capital Gains Tax can feel confusing at first, but it’s simply about planning ahead and understanding which rules apply to your situation. Whether you’re selling your family home or an investment property, there are many legal ways to reduce or avoid CGT from using the main residence exemption to timing your sale for a lower-income year.

You’ve worked hard to build your property wealth. With a few smart decisions now, you can keep more of the money you’ve earned and avoid paying more tax than you have to.

If you’re preparing to sell, don’t leave it to chance, start by finding the right professionals and getting the right advice.

FAQs

Can I avoid CGT entirely when I sell my home?

Yes, if the property was your main residence the entire time you owned it, you can usually avoid CGT altogether under the main residence exemption. However, if you rented it out or used part of it for business, you may only get a partial exemption.

How does the 50% CGT discount work for property?

If you’ve owned an investment property for more than 12 months, you may be able to reduce your capital gain by 50%. The discount applies to individuals and trusts but not to companies.

Does CGT apply to inherited property in Australia?

Yes, CGT can apply when you sell an inherited property but it depends on when the deceased acquired it and whether it was their main residence. You may not owe CGT if you sell it within two years of inheriting it and it wasn’t used to earn income.

What costs can I add to my property’s cost base?

You can include purchase price and stamp duty, legal and conveyancing fees, agent commission and marketing costs, and major renovations or improvements (but not minor repairs). These increase your cost base and lower your taxable gain.

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