How the 50% CGT Discount Actually Works

Last verified: 2026-08-06 against the primary sources listed below.

The "CGT discount" is the single biggest factor in how much tax an Australian pays on a capital gain — and it's also one of the most misunderstood. It isn't a discount on your tax bill in general; it's a reduction applied to the gain itself before that gain is added to your taxable income. Get the eligibility conditions wrong and you can either overpay or (worse) underpay and face a shortfall down the track. Here's exactly how it works today, and how it's set to change.

Who actually qualifies

To claim the discount, you must be an individual, a trust, or a complying superannuation fund, and you must have owned the CGT asset for at least 12 months before the "CGT event" (most commonly, the contract of sale). Companies do not get the discount at all — a company pays tax on the full capital gain, with no reduction, regardless of how long the asset was held.

The size of the discount also depends on who's claiming it:

The 12-month rule, counted precisely

The ATO counts ownership by excluding both the day you acquired the asset and the day of the CGT event — so an asset bought and sold exactly 12 calendar months apart, to the day, does not qualify; you need to be past that 12-month mark, not exactly on it. This is a common trap for property sold close to its one-year anniversary of settlement — a few days either side of that boundary can be the difference between a 50% discount and none at all on a large gain.

What changes from 1 July 2027

Under the Treasury Laws Amendment (Tax Reform No. 1) Act 2026 and the Income Tax Rates Amendment (Tax Reform No. 1) Act 2026 — both passed Parliament and received royal assent on 26 June 2026 — the flat 50% discount for individuals, trusts and partnerships is being replaced by a different mechanism entirely from 1 July 2027:

A related but legally separate measure limits negative gearing for residential property investment to new builds only, from 1 July 2027 — properties already held at 7:30pm AEST on 12 May 2026 are exempt from that specific change and retain existing negative gearing treatment.

This page explains the confirmed legislative mechanism only. It does not model dollar outcomes under the post-2027 rules — the actual tax difference between the old and new regimes depends heavily on your specific cost base, holding period and inflation over that period, and should be worked through with a registered tax agent or accountant before you rely on it for a decision.

Frequently Asked Questions

Does the discount apply automatically?

No — you (or your tax agent) apply it when calculating your capital gain for your tax return. The ATO does not apply it for you.

What if I've owned the asset for less than 12 months?

No discount applies at all — the full nominal gain is added to your assessable income and taxed at your marginal rate.

Is the CGT discount the same as the main residence exemption?

No — they're entirely different. The main residence exemption can remove a gain from CGT altogether for your home; the discount only reduces the taxable portion of a gain that isn't exempt.

Can I still use this site's CGT calculator to estimate the change?

Our Capital Gains Tax Calculator shows an estimate under both the current rules and — where the underlying figures are confirmed — the post-2027 mechanics side by side.

Updated on 2026-08-06 — what changed

Initial publication of this guide, drafted and cross-checked directly against ato.gov.au and legislation.gov.au.

Sources