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CGT Discount Rules May Change: How to Get Your Structure Right Now

There's growing talk about potential changes to the 50% CGT discount in Australia. Here's what property investors and business owners should be doing now to protect their tax position.
Capital gains tax planning for property investors in Australia

There has been increasing talk around potential changes to Capital Gains Tax (CGT), particularly the 50% discount. Nothing has been confirmed yet — but if changes do happen, the structure you use today could make a big difference to how much tax you pay in the future.

So the key question is: Are you set up in a way that gives you options?

Why This Matters

Right now, individuals and trusts can access the 50% CGT discount when assets are held for more than 12 months. Companies, on the other hand, do not get this discount at all. If the rules change — for example, if the discount is reduced — some structures may become more favourable than others. That is why planning ahead matters.

Using a Family Trust: Keeping Your Options Open

A family trust is often used because of its flexibility. Under current rules, it can access the CGT discount. But more importantly, it allows you to decide who receives the capital gain at the time of sale.

This means you can:

  • Distribute gains to lower-income family members
  • Offset gains against losses where available
  • Adjust your strategy depending on the tax rules at the time

In simple terms, you are not locked into one outcome.

Using a Company: Simplicity and Certainty

A company works differently. It does not get the CGT discount, but it does offer:

  • A flat tax rate (currently 25% for base rate entities)
  • The ability to retain profits and reinvest

If CGT discounts are reduced in the future, the gap between individuals or trusts and companies may narrow. For some investors — especially those focused on long-term growth — a company can be a useful structure.

Which One Is Better?

It really depends on your situation. A trust gives you flexibility. A company gives you certainty. Because we do not know what future tax rules will look like, many investors prefer not to rely on just one structure.

A Practical Approach

In many cases, a combination works well. For example, holding investments in a trust with a company as a beneficiary can give you flexibility now, while also allowing you to manage tax outcomes more effectively depending on future changes.

Final Thoughts

We cannot predict exactly what will happen with CGT. But we can make sure you are not caught in a structure that limits your options. Getting the structure right early can save significant tax later.

If you are investing or planning to sell assets in the future, it is worth reviewing your setup now. At Impact Taxation & Financial Services, we can help you:

  • Check if your current structure is still suitable
  • Model different tax scenarios
  • Put a structure in place that gives you flexibility going forward

Feel free to reach out if you would like to discuss your situation. Our initial consultation for new clients is complimentary — call us on 1300 TAX SAV (1300 829 728).

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10 things you should consider before buying a property

Are you considering buying a property? Do you know you could miss opportunities to save thousands, or tens of thousands of dollars if you don’t plan well before the purchase?

Below are a few key considerations:

1. How should you set up your loan structure? If you don’t have a loan offset account for a rental property, after you make extra payments directly to the loan account, you can only claim interest deduction on the remaining balance of the loan. For tax purposes, this deductible balance can’t be changed even if you redraw the overpaid amount later. A good loan structure could also help you to stabilize interest rate and speed up loan repayment by combining a standard variable loan (with an offset account) and a fix rates account.

2. Timing of renovation. You might want to do a renovation right after you have bought the rental property. But do you know for any genuine repair & maintenance included in the renovation, you can claim an outright deduction against the rental income when the property is available for rental? If the work is done before the date when the property is available for rental, you can only claim the deduction against future capital gain when the property is sold. Depend on when you are going to sell, it could take years or up to decades before you can claim the deduction.

3. How should you split ownership? You might want to share the property ownership with a family member. For tax purposes, the percentage of ownership is based on the legal title, regardless of who is paying more on the mortgage. If the property will give you a tax profit, you might want to allocate more
ownership to the low-income earner to utilize the lower marginal tax rate. If it is giving you a tax loss, you might want to allocate more ownership to the high-income earner to utilize the loss. The goal is for the family to pay minimum tax together.

4. Should you use a family trust to purchase the property? There are many pros and cons related to a family trust. The advantages include tax savings on rental profit or capital gain, asset protection and succession planning on family wealth. However, family trust can’t distribute losses. All losses are trapped in the trust to be used to offset future trust profit. Therefore, you can’t utilize any rental loss in a trust to offset other income such as salary & wages. Family trusts also attract high accounting fees on initial setup and annual fees on financial statements and tax returns. State governments also charge much higher land tax on family trusts.

5. Will the income level change in future years for different owners? You might want to forecast the possible income for different owners to understand total tax payment / savings related to the property. This could also impact on your decision making on point 3 and 4 above.

6. Understand when you can treat your property as main residence to receive an exemption on capital gains tax. When eligible, even if you have received rental income, you could still treat your rental property as main residence and receive the exemption. To be eligible, you will need to treat it as your main residence at the beginning. Please check out this ATO link: Treating former home as main residence.

7. Decide whether you need to purchase a depreciation report. Most taxpayers don’t know that the depreciation on the building will need to be added back to calculate capital gains tax when the property is sold. When the property is held for more than 12 months, after applying the capital gains tax discount of 50%, it will effectively cut the tax rate by half at the time of sales. This makes depreciation deductions desirable for high income earners. However, for low-income earners it might not be ideal to claim depreciation as a rental deduction since they could be paying more on capital gains tax in the future. It could get more complicated if the property is under joint ownership between high and low income earners.

8. You might want to consider Centrelink payments for future or existing owners. Most Centrelink payments are income and asset tested. Before attaching a rental property to a family member who is receiving, or plan to receive government benefits, you might want to check the testing thresholds first to see if the Centrelink payment will be impacted. This is also applicable when you are making distributions from a family trust to different family members.

9. Have you considered using your SMSF (selfmanaged super fund) to make the purchase of a rental property? There are a lot of tax saving opportunities with a SMSF since the income tax rate is only 15%. And the capital gains tax rate is effectively only 10% after factoring in the 1/3 discount. The major downside with a SMSF is normally you can’t get the money out until you retire or on compassionate grounds (SMSF does have more flexibilities compared to normal retail super fund. But the choices are still very limited). It could be expensive to set up and operate a SMSF too. There are also strict legal requirements on the trustees. Penalties on incompliance could be severe. Tax law around SMSF is very complicated too. You will need to find a good tax accountant specialized in SMSF to help you to understand the structure, also do a cost-benefit analysis before setting it up.

10. Consider internal ownership changes. For your existing rental properties, you can also consider whether you should transfer the ownership between family members, or between different business structures (this is not applicable for SMSF). You might want to do this when the income level changes with family members, or rental property changes between tax profit and loss. Before the change, you need to consider the cost of transfer including capital gains tax, stamp duty, conveyancer fees, etc. Again, a cost-benefit analysis is a must before the change.

Last but not the least, did you combine all the above strategies and compare your choices? If you haven’t yet, how would you know that you have picked the best strategy to minimize your taxes? We can help you to factor in all considerations, compare different scenarios, also present you with a Property Prepurchase Report with all our findings to help you to make a decision. Contact us today to book in a consultation with an experienced tax accountant!

IMPORTANT INFORMATION
This is general advice only and does not consider your financial circumstances, needs and objectives. Before making any decision based on this document, you should assess your own circumstances or seek advice from your financial adviser and seek tax advice from your accountant.

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