06/08/2026
Here's a little bit of interesting info courtesy of Noel Whittaker, one of Australia's renowned finance writers
Until now, capital gains tax could usually be deferred when assets changed hands because of death, divorce, certain insurance payouts or small business rollovers. But from 1 July 2027, that protection is removed for capital gains that accrued before that date.
Here's an example. Judge for yourself.
Robin bought a home before 1 July 2027 but, at the seller's request, agreed not to move in until after Christmas. Because he did not occupy the home as soon as practicable after settlement, part of its capital gain may remain taxable. Under the new legislation, when Robin dies, the transfer of his home to his estate, and then to his widow, can trigger tax on that deferred pre-2027 gain, even though the home has not been sold. If the estate does not have sufficient funds to pay the tax, the executor may have little choice but to sell the family home to meet the liability. Ironically, none of this would arise had the home been purchased after 30 June 2027 or had Robin died before that date.
Robin's story is only one example. The same issue can arise on divorce, insurance claims, compulsory acquisition of property, business restructures and many other transactions that have long relied on CGT rollover relief.
The new legislation has created the tax equivalent of Schrödinger's cat – one of science's most famous thought experiments. Until now, unrealised capital gains sat quietly in the background. They existed but were generally not taxed until the asset changed hands. Under the new rules they appear to exist in a strange legal limbo: they are treated as having been realised in some circumstances, but not in others. Depending on what happens after 1 July 2027, those gains can suddenly spring to life and become taxable even though the asset has not been sold. This breaks a fundamental taxation principle that unrealised gains should not be taxed.
Once again, Labor has produced legislation that can tax capital gains before they have actually been realised. In some cases, that may force the sale of the asset simply to pay the tax.
Make sure you get proper advice well beforehand so you can be prepared for any tax bill that may be coming your way
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