10 Steps to Mitigate Capital Gains Tax on Inherited Property in Australia

December 7, 2023 – 6 minute read

As one Australia’s leading property management firms, Property Providers is uniquely positioned as a steward of a growing number of revenue-generating real estate assets in New South Wales. This position attracts conversations on many fronts – with inherited properties, and more specifically, what to do with them, being some of the most common. In every instance, Capital Gains Tax wiggles its way into the mix.

As most know, Capital Gains Tax (CGT) in Australia is a form of taxation that applies to the profit made on the sale of an investment property. This tax is not a separate tax but forms part of Australia’s income tax system. It is calculated by subtracting the cost involved in acquiring and holding a property from the final sale price. The resulting profit (capital gain) is then added to the taxpayer’s income in the year that the property was sold, and taxed at their marginal tax rate.

There are certain exemptions and concessions available, such as the 50% discount on capital gains for properties held for more than 12 months, which effectively reduces the taxable amount for long-term investments.

For primary residences, there is generally an exemption from CGT under the main residence exemption, provided certain criteria are met. This exemption is significant as it allows homeowners to sell their primary home without incurring CGT, promoting stability in home ownership. However, for investment properties or second homes, CGT applies and can have a substantial impact on the investment’s profitability.

Property investors in Australia need to be aware of these rules, as the timing of the sale and the duration of property ownership can significantly affect the CGT payable. Tax planning, therefore, becomes a crucial element in property investment strategy in Australia, with considerations for CGT implications being central to decision-making processes.

Capital Gains Tax (CGT) on Inherited Properties

Capital Gains Tax (CGT) on inherited properties in Australia is a significant financial consideration, warranting close attention for several key reasons. Primarily, it affects the beneficiaries of an estate, as they may face a considerable tax liability if and when they decide to sell the inherited property. This tax is calculated on the difference between the property’s market value at the time of inheritance and its selling price.

Understanding CGT is crucial because it can influence decisions about holding or selling the property. Additionally, there are specific rules and exemptions, such as the main residence exemption, that can significantly impact the amount of tax owed. These exemptions often depend on various factors, including the length of time the property was held and its use.

Furthermore, Australia’s dynamic real estate market and changing tax laws make it essential for inheritors to stay informed about CGT implications to manage their financial obligations effectively and make informed decisions about their inheritance.

A brief overview of strategies and considerations for minimising CGT on inherited property:

1. Understanding the Basics of Capital Gains Tax

CGT Event: In Australia, CGT is triggered when a ‘CGT event‘ occurs, such as the sale of a property.
Inheritance and CGT: Inheriting a property does not in itself trigger CGT. The tax is usually deferred until you sell the property.

2. Main Residence Exemption

Exemption Criteria: If the deceased used the property as their main residence and did not rent it out, the property may be exempt from CGT.
Time Limits: This exemption can apply if the property is sold within two years of the deceased’s death.

3. Deceased Estate Concessions

Deceased Estate Special Rules: There are special CGT rules for properties that are inherited. These rules can sometimes result in a reduced CGT liability.
Valuation: The property’s cost base for CGT purposes is generally its market value at the date of the deceased’s death.

4. Temporary Absence Rule

Applying the Rule: If the deceased had moved out of the property (e.g., to a nursing home), the property might still be treated as their main residence under the ‘temporary absence rule’.

5. Selling or Gifting to Beneficiaries

Gifting Property: Transferring the property to a beneficiary is a CGT event. However, gifting to a spouse or child can sometimes reduce the overall tax liability.

6. Investing in the Property

Improvements and Cost Base: Money spent on improving the property can increase its cost base, potentially reducing CGT when it’s sold.

7. Keeping Records

Importance of Documentation: Keep detailed records, including the deceased’s property records, to calculate the correct cost base for CGT purposes.

8. Legal and Tax Advice

Professional Guidance: Always consult with a tax professional or lawyer who specializes in estate planning and tax law in Australia. They can provide personalized advice based on your specific circumstances.

9. Considerations for Non-Residents

Tax Implications for Non-Residents: If you’re a non-resident beneficiary, different tax rules may apply, and it’s crucial to understand these nuances.

10. Planning Ahead

Estate Planning: Effective estate planning by the property owner can help minimise CGT for beneficiaries.

As Sydney’s leading short-term holiday rental agency, Property Providers understands the intricacies of property management and the importance of maximising your investment. If you’ve inherited a property and are considering your options, let us show you how our expert services can turn your property into a profitable short-term rental, all while navigating the complexities of Australian tax law specific to Capital Gains Tax.

Commonly Asked Questions

Do I have to pay Capital Gains Tax (CGT) when inheriting property in Australia?

Generally, no. In Australia, when you inherit property, CGT is not immediately triggered. The property’s cost base is usually reset to its market value at the time of the inheritance, and you may only be liable for CGT when you sell or dispose of the inherited property in the future.

What if I decide to sell the inherited property?

If you sell the inherited property, you may be liable for CGT, but it will be calculated based on the difference between the property’s market value at the time of inheritance and the sale price at the date of closing.

Are there any time limits for selling the inherited property without incurring CGT?

There is no specific time limit for selling inherited property without incurring CGT. You can hold onto the property for as long as you wish without triggering CGT, as long as you meet the primary residence exemption requirements if applicable.

What if I decide to live in the inherited property as my primary residence?

If you move into the inherited property and make it your primary residence, you may be eligible for the main residence exemption, which can significantly reduce or eliminate CGT when you eventually sell the property. Be sure to meet the eligibility criteria and keep records of your occupancy.

Are there any exceptions or special rules regarding CGT when inheriting property from a deceased estate?

Yes, certain exemptions and concessions may apply when inheriting property from a deceased estate, such as the small business CGT concessions or the six-year absence rule for temporary absence from your primary residence. It’s crucial to seek professional tax advice to understand the specific implications of your situation and any potential CGT obligations accurately.

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