How is capital gains tax on property worked out?
Your capital gain is roughly what you sell for, less your cost base. The cost base includes the purchase price, stamp duty, legal costs, capital improvements and the costs of selling. For property bought after 13 May 1997, it's reduced by capital works deductions you've claimed.
The gain isn't taxed at a special rate. It's added to your taxable income for the year and taxed at your marginal rate.
The 50% CGT discount
If you're an Australian resident individual, or a trust, and you've owned the property for at least 12 months, you can generally reduce the gain by 50% after applying any capital losses. Companies don't get the discount. SMSFs get a one-third discount.
The 12 months is counted from when you acquired the property to when the CGT event happens — which for a sale is usually the date you sign the contract.
Main residence exemption and the six-year rule
Your home is generally exempt from CGT. If you move out and rent it, you can keep treating it as your main residence for up to six years at a time, as long as you don't nominate another property as your main residence for the same period.
Foreign residents at the time of sale generally can't use the main residence exemption, apart from limited life-events exceptions. They also lose the 50% discount for periods after 8 May 2012.
Sources & law referenced
- Income Tax Assessment Act 1997 (Cth) — s 104-10 (CGT event A1 and timing), s 110-45 (cost base, incl. capital works reduction), Division 115 (CGT discount), Subdivision 118-B incl. s 118-145 (absence rule)
- ATO — Foreign resident capital gains withholding overview
Last reviewed September 2026. Tax law changes often — we check the current position before advising on your situation.
General information only. This page is general in nature and isn't personal tax, financial or legal advice. Speak to a registered tax agent about your own circumstances before acting.