Capital Gains Tax and Discretionary Trusts Reform: Small business explainer

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Australian Government
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Your CGT safety nets are locked in

The 4 small business capital gains tax (CGT) concessions are staying. If you meet the eligibility criteria, you can still reduce or completely remove tax on any gains when you:

  • sell your active business to retire
  • start a new business
  • relocate.

In addition, the turnover threshold for the 50 per cent active asset reduction is increasing from $2 million to $10 million from 1 July 2027. The most recent data shows that:

  • all 2.7 million active small businesses will be eligible for the 50 per cent active asset reduction
  • over 90 per cent of active businesses are eligible for all 4 existing concessions.

Past gains are not affected

The new CGT rules don’t start until 1 July 2027 and are entirely prospective. Any business value you build up before this date keeps the old 50 per cent discount rule, no matter when you sell in the future.

A shift to indexation

From 1 July 2027, the flat 50 per cent CGT discount is being replaced by a new discount for inflation and a 30 per cent minimum tax rate on real gains. This ensures you only pay tax on your real capital gains, because your cost base at that date is indexed for inflation.

Trusts

For the minority of small businesses that use a discretionary trust, a new 30 per cent minimum tax will apply. It is expected that over 90 per cent of Australia’s 2.7 million active small businesses will not be affected in any given year.

  • Small businesses will be supported if they choose to restructure.
  • Primary production income (such as farming) is exempt.
  • Other trusts (like fixed trusts) are also exempt.