Australia does not have an inheritance tax, and CGT is generally deferred until an inherited asset is sold.
Everyday Australians are burdened with a host of tax obligations from the GST to fuel excise, PAYG, land tax, stamp duty, FBT; the list is long and confusing. It is little wonder that financial advice firms work their strategies around tax minimisation as much as possible. With the sheer number of taxes in our system, it is not surprising that one of the most common misconceptions we hear is that tax is immediately payable when you inherit an asset.
As it currently stands, there is no inheritance tax in Australia. Capital Gains Tax (CGT) does not apply when you inherit an asset. Instead, CGT is generally deferred until a later event, most commonly when the asset is sold.
If you receive an asset as part of an inheritance, understanding when CGT applies and how it is calculated is essential to avoiding unexpected tax liabilities and making informed financial decisions.
“There is no tax when you inherit, but there may be tax when you act.”
The key principle is this: CGT is triggered by a sale, not by inheritance itself.
When an asset passes to you, whether through a will or intestacy, you effectively step into the tax position of the deceased. The transfer is treated as a rollover, meaning any unrealised capital gain is carried forward rather than taxed at death.
CGT will only arise when:
If the executor sells the asset before distribution, the estate pays the CGT. If you sell it later, you are responsible for the capital gains tax.
One of the most important factors in calculating CGT on an inheritance, namely property or shares, is the “cost base.” This determines how much gain is taxable when the asset is eventually sold.
The rules vary depending on when the deceased originally acquired the asset:
This distinction can significantly affect the final tax outcome, particularly for long-held assets such as property or shares.
One of the more favourable concessions relates to the deceased’s main residence. In many cases, you can sell an inherited home without paying CGT, provided certain conditions are met.
A full exemption may apply if:
If these conditions aren’t met, CGT may still apply partially, depending on how the property was used before or after death. Seeking expert advice is highly recommended in this scenario.
Inheriting property or shares are the most common passed down asset. Capital Gains Tax (CGT) can apply when:
Not all outcomes are straightforward, partial CGT exemptions apply where:
In these cases, the capital gain is apportioned based on taxable and exempt periods, which can become complex without proper records.
Again, we always recommend seeking professional advice when inheriting a property or shares before committing to a long term strategy.
“CGT is triggered by a sale, not by inheritance itself.”
One of the most important considerations is timing. Selling within exemption periods, understanding cost base rules, and deciding whether to retain or dispose of an asset can mean the difference between a tax-free outcome and a substantial liability. CGT is not about inheritance itself, it’s about what happens next. Think of this way; There is no tax when I inherit, but there may be tax when I act.
Keeping accurate records, and seeking professional advice will help you make better decisions and ensure that inherited wealth is managed as effectively as possible.
The team at First Financial comprises financial experts who help hundreds of Australians retire well and make informed, intelligent financial decisions. We cover everything from retirement and financial advice, investment and wealth management, superannuation and SMSF, insurance, tax, aged care, legal and lending services. Contact us for holistic, well-rounded financial management strategies.
Australia does not have an inheritance tax, and CGT is generally deferred until an inherited asset is sold.
The cost base of an inherited asset depends on when it was originally acquired, which can significantly impact the final tax outcome.
A full CGT exemption may apply to an inherited family home if specific conditions, including the two-year rule, are met.
Timing, record keeping, and professional advice are critical to minimising tax and making informed decisions about inherited assets.
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There is no inheritance tax in Australia, and CGT does not apply when you receive an asset. Instead, any potential tax is generally deferred until a later event such as a sale.
CGT is triggered when the asset is sold, not when it is inherited. It may apply if you sell the asset, or if the executor sells it during estate administration.
If the executor sells the asset before distribution, the estate pays the CGT. If you sell the asset later, you are responsible for any capital gains tax.
The cost base depends on when the deceased acquired the asset. For older assets (pre-1985), market value at death is used, while newer assets generally retain the original purchase cost.
Yes, a full exemption may apply if the home was the deceased’s main residence, wasn’t income-producing, and is sold within two years. If these conditions aren’t met, partial CGT may apply.
CGT can apply if you sell an inherited investment property, rent out the home, or hold it beyond the two-year exemption period. The final tax outcome depends on how the property is used and when it is sold.
First Financial can help you understand CGT implications and develop strategies to minimise tax liabilities. Their advice ensures you make informed decisions about whether to hold or sell inherited assets.
Inherited assets often involve complex tax rules and timing considerations. First Financial provides holistic financial guidance to help you manage wealth effectively and avoid costly mistakes.
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