Forman Financial Services

CGT: The Rules

Although many of us have been faced with paying it at some point, capital gains tax (CGT) remains relatively misunderstood. Below, we consider some definitions and some simple strategies to help you minimise this tax.

What is a ‘capital gain’?

You make a capital gain (or capital loss) when a CGT ‘event’ occurs. These events could happen when you

  • sell an asset or investment, such as property or shares,
    • have your shares redeemed, cancelled, surrendered or considered valueless by a liquidator,
    • receive a payment from a company as a shareholder (other than dividends),
    • give away, lose or destroy an asset,
    • are no longer an Australian resident.

CGT is included on your annual income tax return. However, assets acquired before 20 September 1985 are exempt from CGT considerations.

What is a ‘capital loss’?

When you sell an asset for less than you initially paid for it, you make a capital loss. When your total capital losses for the year outweigh your total capital gains, you will finish up with a net capital loss for the year.

Minimising your CGT liability

If you have made a capital gain, there are a few strategies that you could consider to reduce the amount you need to pay.

  1. Use a capital loss to offset your tax liability
    Selling poorly performing assets before 30 June means any capital loss can be offset against a realised capital gain from another asset, thus reducing CGT payable. The realised funds may then be used to re-invest in opportunities that are more suitable. However, selling an asset at the end of the current financial year and immediately repurchasing the same asset after 30 June constitutes a ‘wash sale’ in the eyes of the ATO, and the capital loss may be disallowed.
  2. Keep an investment for at least 12 months
    Another way to reduce CGT is to hold onto the investment for more than 12 months. By doing so you are entitled to claim a 50% discount on capital gains made.
  3. Delay any gain until the new financial year
    If you are thinking of selling a profitable asset, such as shares or property, it may be worth deferring this sale until after the end of the financial year. By doing so, you will delay incurring CGT for another financial year. So, while you will still need to pay the CGT eventually, freeing up short-term cash flow may be beneficial, depending on your circumstances.
  4. Discount method versus indexation method
    You have the option to use the indexation method to calculate the CGT payable if you acquired your assets between 20 September 1985 and 21 September 1999.
    This technique takes into account inflation and you will pay tax only on the capital gain in excess of inflation. You can usually decide on the option that will ensure the least amount of tax is paid.
  5. Use carry-forward tax losses to reduce CGT
    Capital losses incurred in previous tax years that have not already been offset against capital gains may be carried forward in future tax years and can mitigate the effect of any future CGT liability. Check your past income tax returns or ask your accountant to determine whether this is an option for you.

If you are in any doubt as to how to manage your assets to minimise CGT, please call us to have a chat.

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