Australian Property CGT: Cost Base Elements & Main Residence 6-Year Rule (2026–2027)
Learn how Australian property CGT works, including cost-base elements, the main residence exemption and the six-year absence rule.
- ✓ The 5 elements of the CGT cost base include purchase price, stamp duty, legal fees, capital improvement costs, and selling agent commissions.
- ✓ The main residence exemption reduces or eliminates CGT on your primary home under Section 118-110 where statutory criteria are satisfied.
- ✓ Under the 6-Year Absence Rule (Section 118-145), you can choose to continue treating your former primary residence as exempt from CGT for up to 6 years while rented out, provided statutory conditions are met.
- ✓ Capital losses MUST be subtracted from gross gains BEFORE applying the 50% CGT discount.
- ✓ Holding property for longer than 12 months entitles Australian resident individuals and trusts to a 50% CGT discount.
Real estate is Australia's largest wealth asset. When disposing of investment property or converting a home into a rental, understanding Capital Gains Tax (CGT) under Part 3-1 of the *Income Tax Assessment Act 1997* is essential for legally minimizing tax liabilities.
This guide outlines the 5 elements of the property cost base, the 6-year main residence absence rule, and how to maximize your 50% CGT discount.
1. The 5 Elements of the ATO Property CGT Cost Base
Your net capital gain is calculated as:
$\text{Net Capital Gain} = \text{Sale Proceeds} - \text{Total Cost Base}$
The ATO allows property investors to include expenses across 5 statutory cost base elements:
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1
Acquisition Purchase Price: The contract purchase price paid for the property.
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2
Incidental Acquisition Costs: Stamp duty, conveyancing legal fees, buyer agent fees, building inspection reports, and valuation fees.
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3
Holding Costs: Loan interest, council rates, land tax, and maintenance costs incurred on non-income producing property.
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4
Capital Improvements: Structural renovations, kitchen/bathroom remodels, extensions, and landscaping that add permanent capital value.
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5
Disposal Expenses: Real estate agent commissions, marketing/advertising costs, and legal conveyancing fees incurred when selling.
2. Main Residence Exemption & 6-Year Absence Rule
Under Section 118-110 of the ITAA 1997, a dwelling that qualifies as your main residence is generally exempt from CGT, provided all statutory conditions are satisfied. Partial exemptions may apply if the dwelling was used to produce assessable income or was not your main residence throughout your ownership period.
The 6-Year Rule (Section 118-145):
If you move out of your primary residence (for work or travel) and rent it out:
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You can choose to continue treating the dwelling as your CGT-exempt main residence for up to 6 years while it produces rental income.
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If you move back in and then out again, a new 6-year period begins!
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Condition: You cannot treat any other property as your main residence during the same period.
3. Step-by-Step Property CGT Worked Example
Scenario:
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Purchase Price (2019): $600,000
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Stamp Duty & Legal Fees: $28,000
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Capital Renovation (2022): $42,000
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Sale Price (2026): $950,000
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Agent Commission & Selling Fees: $20,000
Calculation:
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1
Total Cost Base: $600,000 + $28,000 + $42,000 + $20,000 = $690,000
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2
Gross Capital Gain: $950,000 - $690,000 = $260,000
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3
Apply 50% CGT Discount (Held > 12 Months): $260,000 × 50% = $130,000 Net Capital Gain
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4
Tax Impact: $130,000 added to taxable income in the year of contract exchange.
4. Estimate Your Property Capital Gains Tax
Calculate your property cost base, 50% CGT discount, and final ATO tax payable using Calcivo's Capital Gains Tax Calculator.
Frequently Asked Questions
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