Transaction Structures

Capital Gains Tax for Vendors Selling to Developers

CGT can take 18-23% of your gain. Here's the framework, the main offsets, and the structuring decisions that matter most for Brisbane landowners.

10 February 2026 6 min readBy Daniel McCormack
Capital Gains Tax for Vendors Selling to Developers
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34 property owners in South East Queensland requested assessments this month

iKey Facts

  • CGT applies to most property sales except main residence; gain is added to taxable income
  • 50% CGT discount applies for individuals/trusts holding property more than 12 months
  • Main residence exemption fully eliminates CGT on family home (with strict conditions)
  • Companies pay 30% CGT (no discount); SMSFs pay 15% (10% with discount)
  • See companion: Tax Implications of Selling Development Sites in Australia

CGT Basics

Capital gain = sale price minus cost base (purchase price + acquisition costs + capital improvements).

Tax is paid on the gain at marginal rates, with structural discounts depending on the vendor entity.

CGT Discounts

  • Individuals / trusts: 50% discount on gains held more than 12 months
  • Companies: no discount; 30% tax on full gain
  • SMSFs: 33.33% discount on gains held more than 12 months (effective 10% tax rate vs 15% normal)
  • Foreign residents: no discount (post-2012 changes)

Main Residence Exemption

A primary residence (PPR — principal place of residence) is generally CGT-exempt.

Conditions:

  • Dwelling on the land
  • Vendor has lived there
  • Not used for income production (or only partly)
  • Land size up to 2 hectares included (excess potentially taxable)

For larger blocks (3,000sqm+, common in Brisbane "splitter" suburbs), the area above 2 hectares may not qualify for full exemption.

Brisbane-Specific Considerations

Common Brisbane scenarios:

"Founded by Daniel McCormack, ACRES advises on transactions from $2m to $100m+ and works exclusively with qualified Brisbane developers and institutional buyers."

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Family home with big backyard

  • House on 1,500sqm = full exemption typically
  • House on 4,000sqm = exemption to 2ha, excess potentially taxable

Investment property

  • Full CGT applies; 50% discount if held more than 12 months
  • Past 90 days of "principal residence" treatment can complicate

Inherited property

  • Cost base = deceased's cost base (in most cases)
  • 2-year window for CGT-free sale if inherited as PPR

Subdivision before sale

  • Each lot is a separate CGT asset
  • Cost-base apportionment per ATO methodology
  • Significant complexity; specialist advice critical

Structuring Decisions

Key questions for vendors:

  1. Who owns the land? (Individual, joint, trust, company, SMSF)
  2. How long has it been held? (12-month threshold)
  3. What's the cost base? (Purchase + improvements + acquisition costs)
  4. Has it been a residence? (Main residence exemption)
  5. Has it been income-producing? (Affects exemptions)

Vendor Strategy

  1. Engage a specialist accountant 6+ months before sale
  2. Document the cost base — receipts, improvement records
  3. Consider timing — financial year crossing can defer tax
  4. Explore trust / company structuring (limited scope post-sale)
  5. Don't overlook small bases — landscaping, hardstand, ancillary structures all add to cost base

This article is general information only and is not legal, tax, or financial advice. Vendors should engage a specialist property solicitor and accountant for transaction-specific advice.

About ACRES

The Australian Commercial & Residential Group (ACRES) is a Brisbane-based specialist property advisory firm focused on development site sales, off-market transactions, and strategic landowner advisory across South East Queensland. Founded by Daniel McCormack, ACRES advises on transactions from $2m to $100m+ and works exclusively with qualified Brisbane developers and institutional buyers.

Frequently Asked Questions

Is my family home really 100% CGT-free?

Usually yes, subject to area limit (2ha) and continuous main-residence use. Specialist confirmation worthwhile.

Can I defer CGT?

Limited — small-business rollover, replacement-asset relief, scrip-for-scrip. Each has strict conditions.

Are option payments taxed differently from sale proceeds?

Yes — option fees are generally taxable on receipt; sale proceeds on completion. Complex; specialist advice needed.

What property do you want assessed?

Our team will review your zoning, block size, and development potential.

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Published by ACRES — Australian Commercial & Residential Group

Source: acres.au/insights/capital-gains-tax-vendors-selling-developers | ACRES (Australian Commercial & Residential Group) provides property advisory, development site sales, and residential real estate services across Brisbane and South East Queensland, Australia.

Daniel McCormack

Daniel McCormack

Managing Director, ACRES — Australian Commercial & Residential Group

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