Should You Sell Before 1 July 2027? The CGT Discount Changes, Explained
For most owners the date is a valuation date rather than a sale deadline. The enacted transition preserves the 50% discount on the gain accrued to 30 June 2027 and taxes only later growth on the CPI-indexed gain with a 30% minimum. What the law does, the exceptions, the worked numbers, and how to decide.
Published 19 September 2026 · Reviewed 18 September 2026 · Law status as at that date is set out below; exposure-draft components may change.
Who This Is For
You own an investment property with a gain in it and have heard that the 50% capital gains tax discount ends on 1 July 2027. This guide is for the decision that follows. It covers what the enacted law does on that date, why for most owners it is a valuation date rather than a sale deadline, the situations in which the date genuinely changes the answer, what a sale costs in the current market, and a records checklist for the nine months to 30 June 2027.
Scope. This guide addresses Australian-resident individuals holding property directly, with notes on trusts. Foreign and temporary residents are subject to separate conditions in the Act (sections 115-105, 115-110 and 115-120) and are outside the deemed-sale rule described here; they need separate analysis. Complying superannuation funds and companies are largely unaffected and are covered briefly.
This is general information, not personal tax, financial or credit advice. Confirm your position with a registered tax agent before acting.
The 30-Second Answer
Quick answer
For most owners, no. For a qualifying asset held through 30 June 2027, the enacted transition preserves the 50% discount on the gain accrued to that date, whenever you actually sell. The 30 June 2027 value becomes the dividing line: growth after it is taxed on the CPI-indexed gain with a 30% minimum tax. An early sale therefore creates no extra discount on the gain you already have. Three exceptions matter. Eligible new residential dwellings and affordable-housing assets keep a 50% discount on later growth under their own provisions. Foreign and temporary residents are outside the rule. And a handful of situations, set out below, do make the timing of a sale worth modelling: a sale already planned for 2027 to 2029, a low tax rate in the sale year, capital losses, pre-1985 property, trust structures, and quarantined rental losses on a post-12-May-2026 purchase.
| Question | Answer (enacted law, as at 18 September 2026) |
|---|---|
| Does the 50% discount end on 1 July 2027? | For growth after that date on most individually and trust-held assets, yes. For growth before it, no: the deemed sale preserves it |
| Do I pay tax on 1 July 2027? | No. The deemed gain is deferred until you actually sell (s 112-160) |
| Does my purchase date matter? | Not for CGT. The 12 May 2026 cut-off governs negative gearing only |
| What about a new build? | Eligible new residential dwellings keep a 50% discount on later growth (ss 115-100(a), 115-102), with an indexation alternative |
| How is my accrued gain taxed if I sell in 2032? | As a discount capital gain at your 2032 marginal rate, plus the new method on 2027-to-2032 growth |
| Do I need a valuation? | You need evidence of market value at 30 June 2027, or, if a determination is made under s 112-185, the option of an apportioning method |
Source: Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026), Schedule 1: Subdivision 112-E, Division 119, s 115-100. Our summary.
Two dates, two reforms
12 May 2026, 7:30pm AEST
Negative gearing transition. Established dwellings contracted after this moment have rental losses quarantined from 1 July 2027. Earlier purchases and eligible new dwellings keep full deductibility. Covered in our negative gearing transition plan.
30 June / 1 July 2027
CGT transition. Deemed sale of qualifying assets at market value on 30 June 2027; gain to that date keeps the discount; later growth indexed with a 30% minimum. Applies regardless of purchase date. Covered in this guide.
The two are separate schedules of the same Act and do not interact mechanically. A property can be on the old side of one line and the new side of the other.
Two Dates, Two Reforms: The Negative Gearing and CGT Timelines
The 12 May 2026 cut-off governs negative gearing on established dwellings. The 30 June 2027 deemed sale governs CGT for every qualifying asset regardless of purchase date. Nothing is payable on 1 July 2027.
Source: Treasury Laws Amendment (Tax Reform No. 1) Act 2026, Schedules 1 and 2. Dates as enacted; the apportioning-method instrument and the new-dwelling definition remain pending as at 18 September 2026.
Law status as at 18 September 2026
EnactedTreasury Laws Amendment (Tax Reform No. 1) Act 2026, Royal Assent 26 June 2026 (Federal Register of Legislation): the deemed sale (Subdivision 112-E), CPI indexation (s 110-36(1A)), the 30% minimum tax (Division 119), the new-dwelling and affordable-housing discount provisions (ss 115-100, 115-102, 115-125), loss ordering (s 102-5), negative gearing quarantining, all from 1 July 2027.
Exposure draft, not lawthe apportioning-method determination under s 112-185 (Treasury exposure draft 4 August 2026, consultation closed 21 August, not registered); the Tax Reform No. 3 Bill on joint tenancy, relationship breakdown and inheritance (consultation closed 31 August); the 30% minimum tax on discretionary trusts from 1 July 2028 (exposure draft 3 September, consultation closed 18 September).
Pending guidanceATO evidentiary standards for 30 June 2027 valuations and calculation tools; the Ministerial instrument defining “new residential dwelling.”
Market assumptionsCotality Home Value Index, August 2026 (released 1 September); CommBank Economics housing forecast revision, 1 September 2026 (Economic Insights, Trent Saunders, published on the CommBank newsroom). These are forecasts and index readings, not law.
What Actually Happens on 1 July 2027?
Quick answer
Under s 112-155, an Australian-resident individual who holds a post-1985 CGT asset on 30 June 2027 and continues to hold it until a later sale is treated as having sold it just before 1 July 2027 for its market value and bought it back for the same amount. The gain or loss from that deemed sale is disregarded and deferred (s 112-160) until the year of the real sale, when it is taxed as a discount capital gain if the 12-month rule is met. The section does not apply where the eventual gain is covered by the new-residential-dwelling or affordable-housing provisions, or where the foreign or temporary resident rules would apply. Trusts are covered by ss 112-165 and 112-170; pre-1985 assets by s 112-175.
Step one: a deemed sale. Just before 1 July 2027 you are taken to have sold the property. The Act's note is explicit that the sale happens on 30 June 2027 and the reacquisition on 1 July 2027.
Step two: nothing is payable. The notional gain is disregarded in 2026-27. There is no assessment, payment or election.
Step three: two amounts at the real sale. In the year you actually sell you bring to account a deferred gain (the 30 June 2027 value less your original cost base, taxed as a discount capital gain under the rules you know today) and a post-2027 gain (your sale proceeds less the 30 June 2027 value, with that reset cost base indexed for CPI from 1 July 2027 and the result subject to the 30% minimum tax).
Step four: how the 30 June 2027 number is set. Section 112-155(3) makes market value just before 1 July 2027 the default. It also allows a taxpayer to choose an apportioning method if the Minister has determined one by legislative instrument under s 112-185. As at 18 September 2026 no instrument has been registered; Treasury's exposure draft is discussed below under its own label. Any choice is made in the return for the year you sell (s 103-25), so nothing is decided in 2027, but you do need to be able to prove market value if you intend to rely on it.
Three categories of gain therefore emerge for a property investor from 1 July 2027:
- Gain accrued before 1 July 2027 on a qualifying asset: deferred, discount treatment preserved.
- Gain accrued after 1 July 2027 on that asset: CPI-indexed real gain, 30% minimum tax.
- Gain on an eligible new residential dwelling or affordable-housing asset: its own regime, with a 50% discount continuing on later growth.
Does an Eligible New Build Keep the 50% Discount?
Quick answer
Yes, under ss 115-100(a) and 115-102, a discount capital gain from a CGT event on or after 1 July 2027 keeps a 50% discount if it relates to a new residential dwelling, and affordable-housing gains keep at least 50% under s 115-125. Both provisions allow indexation to be chosen instead (s 115-125(6) and the equivalent for new dwellings), in which case the 30% minimum tax applies to the indexed gain. The definition of “new residential dwelling” is left to a Ministerial legislative instrument that has not yet been made.
This exception matters for property investors. The Act's guide text is direct: for a discount capital gain from a CGT event on or after 1 July 2027, “a discount of at least 50% continues to be available if the CGT event relates to a new residential dwelling or to the provision of affordable housing.” Because these assets keep discount treatment on later growth, they are excluded from the deemed sale in s 112-155(1)(e); there is no need to split their gain at 30 June 2027.
Two consequences follow. First, an investor holding an eligible new dwelling has no CGT-driven reason to sell before 1 July 2027 and no valuation-date exposure. Second, the choice between the 50% discount and indexation for these assets is a sale-year decision worth modelling both ways, because indexation wins when growth is slow and inflation-heavy and the discount wins when growth is fast.
Important
“New residential dwelling” is not yet defined. The explanatory material points to dwellings that genuinely add to supply and excludes knock-down rebuilds, but until the Ministerial instrument is made, do not assume a particular property qualifies. The same instrument matters for the negative gearing carve-out.
Does Selling Before 1 July 2027 Save Tax on the Gain You Already Have?
Quick answer
No. Sell in April 2027 and your gain is a discount capital gain at your 2026-27 marginal rate. Hold, and the same gain, measured to 30 June 2027, is a deferred discount capital gain at your marginal rate in the year you eventually sell. The discount is identical. What an early sale does change is that it stops future growth from arising at all, and it fixes the tax year and rate that apply.
Take the case we carry through this guide. A Sydney unit bought in October 2014 for $665,000, with $35,000 of stamp duty and legal costs, giving a cost base of $700,000. Cotality's August 2026 Home Value Index has Sydney dwelling values 7.1% below their February 2026 peak, so assume the unit peaked at about $1,075,000 and is worth $1,000,000 today.
Sell now, contract before 30 June 2027. All prices below are gross sale prices unless marked net.
| Gross sale price | $1,000,000 |
| Selling costs (3.5%) | −$35,000 |
| Net sale proceeds | $965,000 |
| Cost base | $700,000 |
| Capital gain | $265,000 |
| Taxable after 50% discount | $132,500 |
| Tax at 47% (45% plus 2% Medicare levy) | $62,275 |
| Net after tax | $902,725 |
Source: our illustrative modelling; 2026-27 resident rates; other income assumed above $190,000 so the whole gain sits in the top bracket; no other deductions or losses.
Hold. If the unit is still worth $1,000,000 on 30 June 2027, the deferred gain is $300,000 (selling costs belong to the eventual sale). When the owner sells in 2032, that $300,000 is a discount capital gain, halved to $150,000 and taxed at the 2032 marginal rate. That is the treatment the owner would have received by selling in 2027.
Two second-order differences exist. The lowest marginal rate falls from 15% to 14% on 1 July 2027, which is irrelevant above the 30% bracket. And a sale in a year of lower other income, such as the first year of retirement, can be taxed more lightly than a sale on a full salary. Both bear on the choice of sale year rather than on selling before the date. If you receive advice that the pre-1 July 2027 gain loses its discount, ask the adviser to identify the transitional provision that removes it; Subdivision 112-E does the opposite.
What Changes: The Tax on Growth After 1 July 2027
Quick answer
Growth above the reset cost base is taxed on the CPI-indexed gain at your marginal rate, subject to Division 119, which ensures the tax attributable to your post-2027 gains is at least 30% of the statutory “minimum tax capital gain.” Indexation runs forward from 1 July 2027 only. On our illustrative assumptions, the new method costs more than the old discount when post-2027 growth runs above roughly 4.5% to 4.8% a year for taxpayers whose attributable tax already exceeds 30%, and above roughly 3.3% for taxpayers in the lowest bracket. Those figures are outputs of the assumptions stated beneath the table, not universal thresholds.
Indexation from the reset base. Section 110-36(1A) indexes each element of the cost base except element three (costs of ownership) by CPI, for assets held at least 12 months. The reset cost base is the 30 June 2027 value, so a property bought in 2004 gets indexation from mid-2027, not 23 years of it. Indexation cannot create or enlarge a capital loss.
The 30% minimum tax. Division 119 applies to Australian-resident individuals. Section 119-5 defines your minimum tax capital gain as your residential and non-residential capital gains (post-2027 accruals, after capital losses and after the s 102-5 method statement) less deductible gifts; deferred gains and new-dwelling and affordable-housing gains are excluded. Section 119-10 then multiplies that amount by 30%, works out how much of your ordinary income tax is attributable to it (your tax with the gain, less your tax if taxable income were reduced by the gain), and charges the shortfall as extra tax. It is a floor tested against your actual tax position. In practice a taxpayer whose attributable tax is already 30% or more pays nothing extra; one whose attributable tax is lower, because of a low marginal rate or because deductions have reduced taxable income, pays the gap. Section 119-15 switches the Division off for any income year in which you receive a listed payment; the list, in s 119-15(2) to (5) of the Act, includes the Age Pension, JobSeeker, Disability Support Pension, Carer Payment, Parenting Payment, Family Tax Benefit and a range of veterans' payments.
Where the crossover sits. Under the discount, tax is your rate on half the nominal gain. Under indexation, it is your attributable rate (at least 30%) on the gain above CPI. The two are equal when inflation is exactly half the nominal gain.
Tax on Post-2027 Growth: Old 50% Discount vs Enacted Indexation Method, per $100 of Reset Cost Base
Five-year hold from 1 July 2027 at 2.5% CPI. Solid lines are the old discount method; dashed lines the enacted method. Where a dashed line sits above its solid partner the new method costs more. The crossover is about 4.8% a year for a 47% taxpayer and about 3.3% for a 16% taxpayer, because the 30% minimum binds at the lower rate (30% plus the 2% levy on the post-2027 gain). Illustrative break-even growth rates under these assumptions.
Illustrative calculation, not a forecast. Method: $100 reset cost base at 1 July 2027; CPI 2.5% a year; five-year hold to 30 June 2032; flat marginal rates including the 2% Medicare levy; old method = rate × 50% × nominal gain; new method = max(income-tax rate, 30%) × CPI-indexed real gain plus the 2% Medicare levy; no other deductions, losses or income-support payments. Change any input and the crossover moves.
| Nominal growth (p.a.) | Real gain after 5 years, per $100 of reset base | Old method, 47% rate | New method, 47% rate | Old method, 16% rate | New method, 30% floor plus 2% levy |
|---|---|---|---|---|---|
| 3% | $2.80 | $3.70 | $1.30 | $1.30 | $0.90 |
| 4% | $8.50 | $5.10 | $4.00 | $1.70 | $2.70 |
| 5% | $14.50 | $6.50 | $6.80 | $2.20 | $4.60 |
| 6% | $20.70 | $7.90 | $9.70 | $2.70 | $6.60 |
| 8% | $33.80 | $11.00 | $15.90 | $3.80 | $10.80 |
Illustrative break-even growth rates under these assumptions. Method: $100 reset cost base at 1 July 2027; CPI 2.5% a year (the RBA's August 2026 Statement on Monetary Policy has trimmed-mean inflation at 2.6% by December 2027); five-year hold to 30 June 2032; flat marginal rates including the 2% Medicare levy (47% = top bracket; 16% = 14% lowest bracket from 1 July 2027 plus levy); indexation of the full reset base from 1 July 2027; old method = rate × 50% × nominal gain; new method = max(income-tax rate, 30%) × real gain plus the 2% Medicare levy, which sits outside the s 119-10 comparison; no other deductions, losses or income-support payments. Bold marks the cheaper method in each pair. Solving for equality gives break-even nominal growth of about 4.8% over five years and 4.6% over ten for rates of 30% and above, and about 3.3% for the lowest bracket. Change any input and the figures move.
The pattern generalises: indexation rewards slow, inflation-heavy growth and penalises fast real growth. Australia ran a CPI-indexation regime from 1985 until the 1999 Ralph review replaced it with the 50% discount; the enacted method returns to it, with the minimum tax added. On the negative growth the major banks currently forecast for the next year or two, the new method is cheaper for anyone selling in the early 2030s having reset near a trough. On the 6% to 8% growth of 2020 to 2025 it is dearer. Which regime 2028 to 2035 resembles is unknowable.
Worked example: the minimum tax at a low rate
A self-funded retiree with $25,000 of other income sells in 2029-30 and has a $15,000 post-2027 gain after indexation, no other deductions. Ordinary income tax attributable to the gain at the 14% rate is $2,100; the 2% Medicare levy is imposed separately and is not counted in the s 119-10 comparison. Thirty per cent of the minimum tax capital gain is $4,500, so the shortfall of $2,400 is charged as extra tax, in addition to the levy. If the same person received an Age Pension payment at any time in that income year, s 119-15 removes the top-up for that year. Illustrative only; the outcome changes with income, deductions and the size of the gain.
Why the 30 June 2027 Value Matters More Than the Sale Deadline
Quick answer
The deemed sale happens at whatever your property is worth on 30 June 2027. A low value that day shrinks the discounted deferred gain and pushes more of the eventual gain into the new method. Cotality's August release has national values 3.6% below the March 2026 peak and Sydney 7.1% below, and CommBank Economics' 1 September revision forecasts a national peak-to-trough fall of around 9% and Sydney around 13%, with the adjustment continuing through the first half of 2027 before prices stabilise. If that forecast is right, many owners will reset near a trough. Treasury's exposure-draft apportioning formula would, in that scenario, produce a different 2027 value from a market valuation.
The valuation-date effect. Your deferred gain runs from cost base to the 30 June 2027 value; your post-2027 gain runs from that value to your sale price. A low reset value moves dollars from the first bucket to the second. Whether that hurts depends on the crossover above.
Draft instrument, not yet registered
Section 112-185 authorises the Minister to determine an apportioning method by legislative instrument. Treasury released an exposure draft of the Income Tax Assessment (Method for Apportioning Capital Gains and Capital Losses) Determination 2026 on 4 August 2026; consultation closed 21 August; as at 18 September the instrument is not registered and would commence the day after registration. Under the draft's s 5(2), the method would be available for real property and for CGT assets without a readily ascertainable market value; the explanatory statement gives listed shares as an example of assets that would not qualify. Everything in this box could change before the instrument is made.
How the draft formula could produce a different 2027 value. The exposure draft assumes the asset grew at a constant compounding daily rate from purchase to sale and uses that smoothed path to derive a notional 30 June 2027 value:
daily growth rate = (capital proceeds, i.e. gross sale price ÷ first element of cost base) ^ (1 ÷ days held) − 1
notional 30 June 2027 value = first element of cost base × (1 + daily growth rate) ^ days held to 30 June 2027Treasury's own worked example (an artwork bought for $520,000 in 2016 and sold for $1,500,000 in 2034) apportions $471,430 of gain to the pre-2027 bucket and $316,161 to the post-2027 bucket, with the remaining $187,409 of the $975,000 gain (the $980,000 price rise less $5,000 of fees) removed by indexation. The formula assumes constant growth, so it cannot reflect a 2026-27 trough. Applied to our Sydney unit on the draft's terms (capital proceeds are the gross sale price of $1,137,875; selling costs enter the cost base), it produces a notional 30 June 2027 value of about $977,700 against an assumed market value of $935,250. That moves roughly $42,000 of gain from the indexed bucket to the discounted bucket and, because the indexed reset base then exceeds the net proceeds, leaves no post-2027 gain at all: CGT of about $65,300 against $74,037 on the market-valuation path, a difference of about $8,800 at 47% on our modelling. In a market that falls after 2027 the effect reverses and market value gives the higher 2027 number. This is scenario analysis on a draft instrument: the result depends on the final determination, on eligibility, on the inputs and on the eventual sale.
What to do about it now. Because any choice is made in the sale year, the practical instruction is documentary: retain the evidence needed to assess both approaches if an apportioning method is ultimately available. That means your original contract and cost-base records (the formula would use the first element of the cost base and the acquisition date) and evidence of market value at 30 June 2027.
Important
Valuations obtained before 30 June 2027 are forecasts, not evidence of value on that date. The NTAA's advice, which we share, is to identify the assets you will need to value, keep contemporaneous records around June 2027 (comparable sales, agent appraisals, condition photographs, the current lease), and obtain a valuation as at 30 June 2027 shortly after the date. Indicative market pricing is a few hundred dollars for a desktop assessment and $650 to $850 for an inspected valuation. The ATO has not published its evidentiary standard.
The Full Worked Example: Sell Now Versus Hold to 2032
Quick answer
On our Sydney unit, selling now at a gross $1,000,000 nets $902,725 after tax for a 47% taxpayer. Holding through a CommBank-style trough and an assumed 4% a year recovery to a gross $1,137,875 sale on 30 June 2032 nets about $1,024,000 using a market valuation. Under this illustrative slow-growth scenario the model produces about $19,500 less CGT than the counterfactual old-rules calculation, because indexation removes the inflation component of a 4% nominal gain. The example isolates tax and excludes rent, holding costs and the return on redeployed proceeds, so it does not establish a sell or hold result.
Every figure below traces to these inputs: cost base $700,000; peak $1,075,000 (February 2026); today $1,000,000 (18 September 2026); CommBank's Sydney peak-to-trough forecast of around −13% applied at 30 June 2027, giving $935,250; recovery at 4.0% a year compound for five years to 30 June 2032, giving a gross $1,137,875 (our assumption, and a generous one against CommBank's forecast of about 2% national growth over calendar 2027); selling costs 3.5% ($39,826), so net proceeds $1,098,049; CPI 2.5% a year for five years (factor 1.1314), so the indexed reset cost base is $1,058,150; marginal rate 47% throughout; no losses or deductions.
Sydney Unit Worked Example: Net Proceeds After CGT by Path
Cost base $700,000; gross value $1,000,000 today; 30 June 2027 reset at $935,250 (CommBank's Sydney peak-to-trough forecast applied); 4% a year assumed recovery to a gross $1,137,875 on 30 June 2032; selling costs 3.5%; CPI 2.5%; 47% marginal rate. The draft-formula bar uses Treasury's exposure-draft method, which is not law. Hold paths are shown before rent, holding costs and the return on redeployed proceeds, so this chart isolates the tax question only.
Source: our illustrative modelling on the enacted Tax Reform No. 1 Act 2026 and Treasury's exposure-draft apportioning method; not a forecast. Inputs and arithmetic are set out in the worked-example table.
| Path | 30 June 2027 value | 2032 gross sale | 2032 net proceeds | Deferred gain (discounted) | Post-2027 indexed gain | Total CGT | Net after tax |
|---|---|---|---|---|---|---|---|
| Sell now (2026-27) | n/a | $1,000,000 (today) | $965,000 | n/a | n/a | $62,275 | $902,725 |
| Hold, market valuation | $935,250 | $1,137,875 | $1,098,049 | $235,250 | $39,899 | $74,037 | $1,024,013 |
| Hold, draft formula (not law) | $977,693 | $1,137,875 | $1,098,049 | $277,693 | nil (indexed base exceeds net proceeds) | $65,258 | $1,032,791 |
| Counterfactual: old rules kept to 2032 | n/a | $1,137,875 | $1,098,049 | $398,049 (whole gain) | n/a | $93,542 | $1,004,507 |
Source: our illustrative modelling, not a forecast. Deferred gain = $935,250 − $700,000. Post-2027 gain = $1,098,049 − $1,058,150. CGT (hold, valuation) = 47% × ($235,250 × 50% + $39,899) = $74,037. Counterfactual = 47% × 50% × ($1,098,049 − $700,000). Formula path uses the exposure-draft method with acquisition on 15 October 2014 and gross capital proceeds, and is included for comparison only. The path from $1,000,000 today to a gross $1,137,875 on 30 June 2032 is a compound rate of about 2.3% a year over 5.8 years.
The table shows three things: the 50% discount on the $235,000 to $278,000 of gain accrued to mid-2027 survives in every hold path; on this slow-recovery path the enacted method produces less tax than the old rules would have, because indexation removes inflation; and the two 2027 valuation approaches differ by about $8,800 for this owner.
Selling now and earning 3% a year after tax on $902,725 for the same 5.8 years produces about $1,071,000 by mid-2032, more than either hold path on tax and price alone. Adding rental income changes the comparison materially: $700 a week, about a 3.6% gross yield on $1,000,000, is roughly $36,400 a year before costs. The example does not model vacancy, tax on rental income, depreciation, land tax, repairs, financing costs or transaction timing, so it does not establish a hold or sell result. The CGT transition is a small variable in that decision, and the sensitivity below shows how small.
| Assumed recovery from 30 June 2027 | 2032 gross sale | CGT, enacted method, 47% | CGT, old rules, 47% | Effect, 47% | CGT, enacted method, 17% bracket | Effect, 17% bracket |
|---|---|---|---|---|---|---|
| 0% | $935,250 | $47,591 | $47,591 | nil | $17,214 | nil |
| 2% a year | $1,032,592 | $55,284 | $69,666 | −$14,382 | $19,996 | −$5,202 |
| 4% a year | $1,137,875 | $74,037 | $93,542 | −$19,505 | $32,764 | −$1,070 |
| 6% a year | $1,251,575 | $125,606 | $119,326 | +$6,279 | $67,875 | +$24,714 |
Source: our illustrative modelling, market-valuation path, all other inputs as above. The 17% bracket is the 15% rate plus the 2% levy; on the post-2027 gain Division 119 lifts the income-tax component to 30%, so that gain bears 32% in total. A negative effect means the enacted method produces less CGT than the old rules would have. In the 0% row the selling costs create a small post-2027 capital loss, which s 102-5 applies against the deferred gain before discounting, so the result equals the old-rules figure. The crossover for this owner sits between 4% and 6% a year, consistent with the illustrative break-even rates above.
Pro tip
Run your own version with your cost base, your city's from-peak figure from our Cotality tracker and a recovery assumption you can defend, then halve the recovery. If the answer flips, the decision is about the market. Our sell-versus-hold calculator models the enacted transition year by year and reports your own illustrative crossover rate.
Six Situations Where the Date Changes the Answer, or the Paperwork
Quick answer
For a planned 2027 to 2029 sale the date changes only how one to three years of growth is taxed. For low-rate taxpayers the minimum tax on post-2027 gains is a real cost. Capital-loss holders lose the choice of which gains their losses offset. Pre-1985 owners and trust holders face a clock that did not previously run. Post-12-May buyers face quarantined rental losses, a cash-flow question rather than a CGT one.
1. A sale already planned for 2027 to 2029
Only the growth between 1 July 2027 and your sale is taxed differently. Over one or two years the dollar difference on a $1 million property is small: a 6% gain in the first post-2027 year is $60,000 nominal and about $35,000 real after 2.5% CPI, and the two methods differ by roughly $2,400 for a 47% taxpayer. Selling costs are incurred either way, and a forced pre-July sale into a market with 33 days on market and 3.9% vendor discounts (Cotality, September chart pack) may cost more than the tax difference. Our read is to sell when the property and the buyer are ready.
2. A low tax rate in the sale year
Where your ordinary tax attributable to a post-2027 gain is below 30%, Division 119 charges the shortfall. The retiree box above shows the mechanics. The NTAA has also identified a design issue worth demonstrating against the statute. Take an individual with a $100,000 post-2027 capital gain, $100,000 of non-quarantined rental losses (from a grandfathered negatively geared property) and no other income. Taxable income is nil, so ordinary tax is nil. But s 119-5 defines the minimum tax capital gain as the capital gains remaining after the s 102-5 method statement, reduced only by deductible gifts; rental losses are s 8-1 deductions and do not reduce it. Step 1: 30% × $100,000 = $30,000. Steps 2 to 4: tax with the gain, $0; tax without it, $0; attributable tax, $0. Step 5: shortfall $30,000, payable as extra tax on nil taxable income. Quarantined losses (s 26-155) behave differently because s 102-5 steps 3 and 4 apply them against the residential gains themselves. The NTAA has recommended an amendment; none has been made. If you are in this position and a sale within two or three years was already planned, model a pre-July sale, and note that a sale in a year you receive a listed income-support payment removes the floor for that year.
3. Capital losses you intend to realise
The amended s 102-5 method statement applies current-year capital losses in a fixed order (step 1): first against deferred non-residential gains, then deferred residential gains, then non-residential gains, then residential gains. It then applies carried-forward net capital losses in the same order (step 2). Today you can choose the order and most people apply losses to undiscounted gains first. From 1 July 2027 a loss is forced against your discounted deferred gain before it reaches an indexed gain, so each dollar of loss shelters 50 cents of taxable income instead of a dollar.
Worked example: loss ordering
Same Sydney unit, 2032 sale, market valuation path, 47% taxpayer, plus a $50,000 capital loss on shares realised in the same year. Forced ordering: loss reduces the $235,250 deferred gain to $185,250; taxable = $185,250 × 50% + $39,899 = $132,524; tax $62,286. If the taxpayer could instead apply the loss first to the $39,899 indexed gain and the remaining $10,101 to the deferred gain: taxable = ($235,250 − $10,101) × 50% + $0 = $112,575; tax $52,910. The ordering rule costs this taxpayer about $9,400 on these inputs. The figure scales with the loss, the split between buckets and the marginal rate; it is not a general consequence of the legislation.
If you hold loss-making assets you intend to crystallise, realising them in the same year as a pre-July-2027 property sale preserves the choice.
4. Pre-CGT property
Property acquired before 20 September 1985 has been outside CGT. Section 112-175 deems it sold on 30 June 2027 and reacquired on 1 July 2027 at market value, with the gain to that date disregarded and only later growth taxable. There is no CGT reason to sell before the date, since the exempt gain stays exempt, but for the first time the 30 June 2027 number matters, and the NTAA notes a K6 trap for pre-CGT shares and trust interests.
5. Trusts and other structures
Trusts face the same deemed sale under ss 112-165 and 112-170, with the trustee giving beneficiaries the information they need (s 115-235, with penalties for late statements). Separately, Treasury's 3 September exposure draft proposes a 30% minimum tax on discretionary trusts from 1 July 2028 and has not yet been reconciled with the capital gains rules. Trust-held portfolios warrant a structure review before 2028. Companies never had the discount and sit outside indexation and Division 119, although company-held pre-1985 assets are still reset under s 112-175; complying super funds keep the one-third discount and are excluded from the deemed sale.
6. A post-12-May-2026 purchase with rental losses
An established dwelling contracted after 7:30pm on 12 May 2026 has its net rental losses quarantined from 1 July 2027. That is a cash-flow reason to reconsider holding and it has nothing to do with the CGT discount. Our transition plan covers it.
Important
The Act was written to remove the panic-selling incentive: no tax on the day, discount treatment preserved on the accrued gain, and any valuation choice made years later. Outside the six situations above, a sale is a decision about the asset, the market and your cash flow.
What Selling Costs in 2026
Quick answer
Selling costs vary with state, location, commission structure and campaign. On a $1,000,000 sale, agent commission of 2% to 3% plus marketing, conveyancing and loan discharge typically totals $30,000 to $40,000 before any fixed-rate break cost. Buying a replacement adds transfer duty of roughly $38,000 to $57,000 depending on the state, on the assumptions stated below. In our worked example the tax differences between paths are smaller than the assumed transaction costs.
| Cost | Indicative range on a $1,000,000 sale | Basis |
|---|---|---|
| Agent commission | $20,000 to $30,000 | 2% to 3%; negotiable; metro Sydney and Melbourne commonly toward the lower end, regional and smaller states higher (OpenAgent 2026 guide); confirm whether quotes include GST |
| Marketing | $3,000 to $8,000 | Metro campaigns; premium packages higher |
| Conveyancing | $800 to $2,000 | |
| Mortgage discharge | $500 to $3,000 | Plus any fixed-rate break cost |
| Selling total | $30,000 to $40,000 | Deductible from capital proceeds in the CGT calculation |
| Transfer duty on a $1,000,000 replacement | $38,000 to $57,000 | Approximate 2026-27 general rates for an established dwelling bought by an Australian-resident investor with no foreign surcharge: Queensland about $38,000, NSW about $40,000, Victoria about $55,000 to $57,000. Thresholds index and concessions vary; check your state with our (stamp duty calculator) |
| Purchase costs | $3,000 to $6,000 | Conveyancing, inspections, loan fees |
Source: OpenAgent, “What is the cost of selling a house in 2026”; state revenue office duty schedules as at September 2026 (approximate, verify); our totals. Illustrative for a $1,000,000 property; costs scale differently at other price points.
Set that against the tax stakes in the worked example: about $8,800 between the two 2027 valuation approaches, about $19,500 between the enacted method and the old rules on the slow-recovery path, about $9,400 from the loss-ordering rule on a $50,000 loss. In that example the transaction costs of acting are several times any of them, before the vendor discount accepted in a market with capital-city stock 24% above a year ago (Cotality, August 2026).
Who Should Do What
Quick answer
Long-term holders keep holding and build a valuation file. Investors planning a 2027 to 2029 exit model both methods and let the property set the timing. Low-rate and retiree sellers take advice on sale-year income and payment eligibility. Post-12-May buyers decide on cash flow. Trust and pre-CGT holders start with a structure and valuation review.
The RBA's May 2026 Bulletin, drawing on tax data for 2022-23 (the latest population-level dataset, not a 2026 headcount), counted 2.3 million individual housing investors with a median age of 51 and 28% aged over 60. Many will sell in or near retirement, when other income is lower and the Division 119 floor and the s 119-15 exemption can both be relevant.
| Investor | Does the date change your decision? | What to do before 30 June 2027 |
|---|---|---|
| Long-term holder, sale a decade or more away, attributable tax already above 30% | No. Accrued discount preserved; later growth taxed on real gains | Build the valuation file; document cost base; review any capital losses you plan to realise |
| Planning to sell 2027 to 2029 | Marginally; one to three years of growth taxed differently | Model both methods on your numbers; sell when the property and market are ready |
| Sale year likely to have low other income (illustratively, taxable income in the 14% bracket) | Yes. Division 119 charges the shortfall to 30% on post-2027 gains | Advice on sale-year income and income-support eligibility; if a sale within two years was planned, model a pre-July sale |
| Expecting a listed income-support payment in the sale year | The floor does not apply for that year (s 119-15) | Confirm which years the payment is received |
| Holding other assets at a loss | Yes, on timing: forced ordering from 1 July 2027 | If selling property soon, realise losses in the same pre-July year |
| Eligible new residential dwelling or affordable housing | No deemed sale; 50% discount continues on later growth, with an indexation option | Watch the “new residential dwelling” instrument; model discount versus indexation at sale |
| Bought established after 12 May 2026, negatively geared | Not for CGT; quarantining is the issue | Know your quarantined cash-flow number |
| Trust or company structure | Companies: outside the new method; pre-1985 company assets still reset. Trusts: same deemed sale, plus the proposed trust minimum tax from 2028 | Structure review before 2028; valuation file for trust and pre-1985 company assets |
| Pre-CGT owner | No reason to sell; every reason to value | Obtain a 30 June 2027 valuation soon after the date |
| SMSF trustee | No. Complying funds keep the one-third discount | Nothing on CGT; see the SMSF property tax rules (read more) |
| Foreign or temporary resident | Outside this guide | Separate advice: ss 115-105, 115-110, 115-120 |
Source: our analysis of the enacted Act and exposure drafts as at 18 September 2026. Income thresholds are illustrative labels for the marginal-rate circumstances described, not statutory tests. General information only.
What would change our view. Three things: an apportioning determination that excludes real property or is never made, which would remove the second valuation option; ATO guidance that accepts only formal valuations, which would raise the cost of the market-value route; and an extension of the proposed trust minimum tax to capital gains, which would change the trust analysis.
Your Records Checklist to 30 June 2027
Quick answer
The work before the date is documentary. Assemble your cost base, note contract dates, plan how you will evidence value, and decide the timing of any losses. In the weeks after 1 July 2027, obtain the valuation. In your sale year, model the available methods and choose.
Now to December 2026
- Pull the contract of sale, settlement statement and every capital-improvement invoice. Your cost base anchors both buckets, and any apportioning method would use its first element and the acquisition date.
- Note each property's contract date against 12 May 2026 for negative gearing purposes.
- List assets at a capital loss and decide whether to realise them before or after 1 July 2027.
- Trustees: book a structure review for early 2027 and watch the discretionary-trust minimum-tax consultation outcome.
January to June 2027
- Watch for registration of an apportioning-method determination and for ATO valuation-evidence guidance.
- In May and June, collect contemporaneous evidence of value: agent appraisals, comparable sales, condition photographs, the current lease.
- Do not commission a valuation dated before 30 June 2027 expecting it to evidence value on that date.
July to September 2027
- Obtain a retrospective valuation as at 30 June 2027 for each property. Nothing is due or payable.
In the year you sell
- Calculate the deferred and post-2027 gains under market value and, if an instrument has been made and you are eligible, under the apportioning method; make the choice in that year's return (s 103-25).
- Check whether Division 119 applies to you and whether a listed payment received that year switches it off.
- Apply losses in the mandated order and confirm the arithmetic with your tax agent before lodging.
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Frequently Asked Questions
No. For a qualifying asset held through 30 June 2027 by an Australian-resident individual or trust, s 112-155 (or s 112-165) deems a sale and reacquisition at market value on that date, and s 112-160 defers the gain. The gain to 30 June 2027 keeps the 50% discount whenever you sell. Only later growth is taxed under indexation with the 30% minimum. New-dwelling, affordable-housing and foreign-resident cases have their own rules.
For growth after 1 July 2027 on most individually and trust-held assets, yes: it is replaced by CPI indexation and Division 119. It continues for growth accrued before that date, and it continues on later growth for eligible new residential dwellings (ss 115-100(a), 115-102) and affordable housing (s 115-125).
It is deemed sold and reacquired at market value on 30 June 2027 if it meets the s 112-155 conditions. The purchase date does not matter for CGT; the 12 May 2026 cut-off governs negative gearing only.
Eligible new residential dwellings do, under ss 115-100(a) and 115-102, with an option to use indexation instead. They are excluded from the deemed sale. The definition of "new residential dwelling" depends on a Ministerial legislative instrument that has not yet been made.
No. The deemed gain is disregarded and deferred to the year you actually sell.
In the sale year you add the deferred gain (30 June 2027 value less cost base, discounted by 50% if held 12 months) to the post-2027 gain (proceeds less the CPI-indexed 30 June 2027 value). Capital losses reduce deferred gains first (s 102-5). Division 119 then ensures the tax attributable to post-2027 gains is at least 30% of the minimum tax capital gain.
Division 119. For Australian-resident individuals, the tax attributable to post-1-July-2027 residential and non-residential capital gains must be at least 30% of the statutory minimum tax capital gain, with any shortfall charged as extra income tax. Deferred gains, new-dwelling and affordable-housing gains are excluded, and the Division does not apply in a year you receive a listed income-support payment (s 119-15).
The deemed sale produces a deferred capital loss (s 112-160(4)), brought to account in the year you sell and applied against your gains in the s 102-5 order. Growth after 1 July 2027 is then measured from the lower reset value.
You make a separate capital loss on the post-2027 period, which under s 102-5 step 1 is applied first against deferred gains. Because those are discount gains, each dollar of the loss shelters 50 cents of taxable income. The deferred gain itself is still measured at the 30 June 2027 value.
In the tax return for the year you sell (s 103-25), and only if a determination has been made under s 112-185 and your asset is eligible. As at 18 September 2026 the method exists only as a Treasury exposure draft. Keep evidence of value at 30 June 2027 regardless.
Yes. Sections 112-165 and 112-170 apply the same deemed sale and deferral to trusts (other than complying superannuation entities), with information obligations to beneficiaries. The proposed 30% minimum tax on discretionary trusts from 1 July 2028 is a separate measure still in exposure draft.
Companies never had the discount and are outside indexation and Division 119, but a company's pre-1985 assets are still reset at market value on 30 June 2027 under s 112-175. Complying superannuation funds, including SMSFs, keep the one-third discount and are excluded from the deemed sale and the new method.
Yes. Section 112-175 brings pre-CGT assets into the system from 1 July 2027: the gain to that date stays exempt, later growth is taxable, and the 30 June 2027 value is the starting point. Obtain a valuation as at that date.
The Bottom Line
For a qualifying asset held through 30 June 2027, the enacted transition preserves the discount on the gain accrued to that date, charges nothing on the day, and makes the 30 June 2027 value the dividing line for future growth. Selling before the date adds no discount to the gain you already have. What it does is stop future growth arising and fix the year and rate of tax, and in a market that Cotality's August index has falling for a fifth month it converts a paper decline into a realised one.
Three regimes now sit side by side: the pre-2027 gain under the old rules, the post-2027 gain under indexation and Division 119, and eligible new-dwelling and affordable-housing gains under their own discount provisions. The enacted method on post-2027 growth is cheaper than the discount if the next decade is slow and inflation-heavy and dearer if it is another boom. For a minority of owners the date is a real trigger: low-rate sellers, capital-loss holders, and trust and pre-CGT owners. For everyone else the decision to sell is a judgement about the property, its rent, its market and your alternatives, and the one thing every owner needs before 30 June 2027 is a defensible record of what the property was worth on that day.
This article is general information only and does not take account of your objectives, financial situation or needs. It is not financial, tax or credit advice. Several parts of the transition remain in draft. Confirm your position with a registered tax agent before acting.
Sources and methodology
All worked figures are our illustrative calculations on the enacted method and Treasury's exposure draft, not forecasts; assumptions are stated beneath each table and chart.
Primary legislation and Treasury materials
- Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026), Royal Assent 26 June 2026: Schedule 1, Subdivision 112-E (ss 112-155 to 112-185); s 102-5 method statement as amended; s 102-6; Division 119 (ss 119-1 to 119-15); s 110-36(1A); ss 115-100, 115-102, 115-125 — Federal Register of Legislation, C2026A00049
- Treasury, Explanatory Statement, Income Tax Assessment (Method for Apportioning Capital Gains and Capital Losses) Determination 2026, exposure draft released 4 August 2026, consultation closed 21 August 2026 — Treasury exposure-draft explanatory statement
- Treasury, Treasury Laws Amendment (Tax Reform No. 3) Bill 2026, exposure draft and explanatory material, consultation closed 31 August 2026 — Treasury exposure-draft explanatory material
- Treasurer, Consultation on next tranche of tax reform legislation, media release, August 2026 — Treasury Ministers
- ATO, Tax reform – introducing a minimum tax on discretionary trusts, exposure draft 3 September 2026 — ATO new legislation
- ATO, Tax reform – Boosting home ownership – Reforming negative gearing and capital gains tax — ATO new legislation
- ATO, Tax rates – Australian resident, 2026-27 rates and the 14% rate from 1 July 2027 — ATO tax rates
Professional commentary
- Robyn Jacobson (NTAA), “Top 10 things you need to know about the CGT changes,” Accountants Daily, 4 September 2026 — Accountants Daily
- Corrs Chambers Westgarth, “Capital gains tax and negative gearing amendments: key changes and implications,” 3 June 2026 — Corrs
- Landmark Valuations, “Tax Reform Act 2026: What It Actually Says,” 17 July 2026 — Landmark Valuations
- Acumentis, “Treasury Releases Draft CGT Valuation Formula,” 6 August 2026 — Acumentis
- 1july2027.com.au, ATO Guidance Tracker (reviewed 31 August 2026) — 1july2027.com.au
Market data
- Cotality, Home Value Index, August 2026, released 1 September 2026 (national −0.9% in August, fifth consecutive fall, −3.6% from the March 2026 peak; Sydney −7.1% from peak); days on market, vendor discounting and listings from the Monthly Housing Chart Pack, September 2026 — cotality.com/au, figures as transcribed in our August HVI analysis · Cotality September 2026 chart pack (PDF)
- CommBank Economics, “Housing correction deepens: CommBank economists,” CommBank newsroom, 1 September 2026, summarising an Economic Insights report by Senior Economist Trent Saunders (national around −9% peak to trough; Sydney around −13%; Melbourne around −12%; Brisbane, Perth and Adelaide around −8%; adjustment through the first half of 2027; national prices around +2% over 2027 contingent on RBA cuts). A bank forecast, not a market fact.
- RBA, Statement on Monetary Policy, August 2026, trimmed-mean inflation forecast 2.6% by December 2027 — RBA Statement on Monetary Policy
- RBA Bulletin, Alexandra Michielsen, “Insights From New Data on Australian Housing Investors,” 28 May 2026 (2022-23 tax data: 2.3 million investors; median age 51; 28% over 60) — RBA Bulletin, May 2026
- OpenAgent, “What is the cost of selling a house in 2026?” — OpenAgent
Related analysis on this site
- Negative gearing changes: the 12 May 2026 cut-off and your 2027 transition plan
- Capital gains tax on investment property: the complete 2026 guide
- CGT sell vs hold calculator (enacted transition)
- Rental yields are rising as house prices fall
- Cotality Home Value Index August 2026 analysis
- Home Value Index tracker
- SMSF property tax implications 2026
Model your own 30 June 2027 position
A specialist can run your cost base, your city's from-peak figure and a defensible recovery assumption through both valuation approaches, check whether Division 119 or the loss-ordering rule touches you, and set up the valuation file before the date. No-obligation first consultation.