Australia: Capital Gains Tax

The Australian Treasury has released a consultation paper on implementing a 30% minimum tax on discretionary trusts, announced in the 2026-27 Budget. This comprehensive analysis examines the proposed framework's implications, including CGT rollover relief for restructuring, treatment of corporate beneficiaries facing effective double taxation, and the complex interplay between federal tax law, trust law, and state transfer duty obligations.

The Australian Government has introduced legislation to significantly expand the foreign resident capital gains tax regime, broadening the definition of taxable Australian property to capture infrastructure...

The Australian Government has introduced legislation to reform its foreign resident capital gains tax regime, removing the controversial retrospective application of expanded 'real property' definitions while maintaining prospective changes that will significantly broaden the CGT base for foreign investors in Australian land, infrastructure and energy assets.

The 2026 Federal Budget introduces a fundamental shift in Australia's tax treatment of pre-CGT assets, ending decades of tax-free capital growth from 1 July 2027. This change, combined with broader property tax reforms including the removal of negative gearing on existing properties and the 50% CGT discount...

Acquiring an Australian business involves more than just agreeing on a purchase price. Historical tax exposures lurking beneath financial statements can significantly erode deal value if left unexamined. Understanding the hidden risks of open audit windows, substantiation requirements, and capital gains tax obligations is crucial for protecting your investment and ensuring the true economic reality of your acquisition.

The 2026 federal Budget introduced significant changes to capital gains tax, negative gearing, and discretionary family trusts that may impact your estate planning strategy.

On 3 December 2025, the Full Court Federal Court handed down its judgment in Commissioner of Taxation v Hicks [2025] FCAFC 171.

The principal issue was whether two foreign resident companies, Newmont Canada FN Holdings ULC and Newmont Capital Limited (Taxpayers)...

Recent case considers whether foreign sellers of shares in a mining company must pay Australian CGT based on how the company's assets are classified.