CGT Events

Contents

  • What is a CGT event?
  • Sale or disposal of asset
  • Loss, theft or destruction of asset
  • All CGT events

What is a CGT event?

When you sell an asset that is subject to capital gains tax (CGT), it is called a CGT event. This is the point at which you make a capital gain or loss.

There are other CGT events, such as the loss or destruction of an asset, or creating contractual or other rights.

The type of CGT event that applies to your situation may affect:

  • the time when the CGT event happens
  • how to calculate your capital gain or loss.

Sale or disposal of asset

If there is a contract of sale, the CGT event happens when you enter into the contract. For example, if you sell a house, the CGT event happens on the date of the contract, not when you settle.

If there is no contract of sale, the CGT event is usually when you stop being the asset’s owner. For example, if you sell shares, the CGT event happens on the date of sale.

Your capital gain or loss for an asset is usually the selling price less the original cost and certain other costs associated with acquiring, holding and disposing of the asset. Find out how to calculate your CGT.

Loss, theft or destruction of asset

If your CGT asset is lost, stolen or destroyed:

the CGT event happens when you first receive compensation for the loss, theft or destruction
your capital gain is the amount of compensation less the asset’s original cost.
If you do not receive any compensation, the CGT event happens when the loss is discovered or the destruction occurred.

If you replace the asset with a similar asset, you may be able to defer (or ‘roll over’) your capital gain until another CGT event happens, such as selling the replacement asset. See Involuntary disposal of a CGT asset.

A roadstrip between towering pine trees, representing the concept of CGT events.

All CGT events

All CGT events are listed below.

If more than one CGT event happens, you apply the rules for the one that best matches your situation.

For more information about the CGT events listed below see our articles for particular CGT events or see Division 104 of the Income Tax Assessment Act 1997.

Disposal (A)

CGT event Time of event Capital gain  Capital loss
A1 – Disposal of a CGT asset (see our CGT Event A1 article for more details) When the disposal contract is entered into or, if none, when the entity stops being the asset’s owner The capital proceeds from disposal less the asset’s cost base. The asset’s reduced cost base less the capital proceeds.

Hire Purchase And Similar Agreements (B)

CGT event Time of event Capital gain  Capital loss
B1 – Use and enjoyment before title passes When use of the CGT asset passes The capital proceeds less the asset’s cost base The asset’s reduced cost base less the capital proceeds

End Of A Cgt Asset (C) - Includes Loss Or Destruction

CGT event Time of event Capital gain  Capital loss
C1 – Loss or destruction of a CGT asset When compensation is first received or, if none, when the loss is discovered or destruction occurred The capital proceeds less the asset’s cost base The asset’s reduced cost base less the capital proceeds
C2 – Cancellation, surrender and similar endings (see our CGT Event C2 article for more details) When the contract ending an asset is entered into or, if none, when an asset ends The capital proceeds from the ending less the asset’s cost base The asset’s reduced cost base less the capital proceeds
C3 – End of an option to acquire shares etc When the option ends The capital proceeds from granting the option less the expenditure in granting it The expenditure in granting the option less the capital proceeds

Bringing A Cgt Asset Into Existence (D)

CGT event Time of event Capital gain  Capital loss
D1 – Creating contractual or other rights (see our CGT Event D1 article for more details) When the contract is entered into or the right is created The capital proceeds from creating the right less the incidental costs of creating the right The incidental costs of creating the right less the capital proceeds
D2 – Granting an option When the option is granted The capital proceeds from the grant less the expenditure to grant it (e.g. buy/sell agreement) The expenditure to grant the option less the capital proceeds
D3 – Granting a right to income from mining When the contract is entered into or, if none, when the right is granted The capital proceeds from the grant of right less the expenditure to grant it The expenditure to grant the option less the capital proceeds
D4 – Entering into a conservation covenant When covenant is entered into The capital proceeds from covenant less the cost base apportioned to the covenant The reduced cost base apportioned to the covenant less the capital proceeds from covenant

Trusts (E)

CGT event Time of event Capital gain  Capital loss
E1 – Creating a trust over a CGT asset When the trust is created Capital proceeds from creating the trust less the asset’s cost base The asset’s reduced cost base less the capital proceeds
E2 – Transferring a CGT asset to a trust (e.g. Trust Resettlement) When the asset is transferred Capital proceeds from the transfer less the asset’s cost base The asset’s reduced cost base less the capital proceeds
E3 – Converting a trust to a unit trust When the trust is converted Market value of the asset at that time less its cost base The asset’s reduced cost base less that market value
E4 – Capital payment for trust interest (see our CGT Event E4 article for more details) When the trustee makes the payment Non-assessable part of the payment less the cost base of the trust interest No capital loss
E5 – Beneficiary becoming entitled to a trust asset When the beneficiary becomes absolutely entitled For a trustee: market value of the CGT asset at that time less its cost base
For a beneficiary: that market value less the cost base of the beneficiary’s capital interest
For a trustee: the reduced cost base of the CGT asset at that time less that market value
For a beneficiary: the reduced cost base of the beneficiary’s capital interest less that market value
E6 – Disposal to a beneficiary to end an income right The time of the disposal For a trustee: market value of the CGT asset at that time less its cost base
For a beneficiary: that market value less the cost base of the beneficiary’s right to income
For a trustee: the reduced cost base of the CGT asset at that time less that market value
For a beneficiary: the reduced cost base of the beneficiary’s right to income less that market value
E7 – Disposal to a beneficiary to end capital interest The time of the disposal For a trustee: market value of the CGT asset at that time less its cost base
For a beneficiary: that market value less the cost base of the beneficiary’s capital interest
For a trustee: the reduced cost base of the CGT asset at that time less that market value
For a beneficiary: the reduced cost base of the beneficiary’s capital interest less that market value
E8 – Disposal by a beneficiary of capital interest When the disposal contract is entered into or, if none, when the beneficiary ceases to own the CGT asset Capital proceeds less the appropriate proportion of the trust’s net assets The appropriate proportion of the trust’s net assets less the capital proceeds
E9 – Creating a trust over future property When the entity makes an agreement Market value of the property (as if it existed when the agreement was made) less incidental costs in making the agreement The incidental costs in making the agreement less the market value of the property (as if it existed when the agreement was made)
E10 – Annual cost base reduction exceeds cost base of interest in attribution managed investment trust When the reduction happens Excess of cost base reduction over cost base No capital loss

Leases (F)

CGT event Time of event Capital gain  Capital loss
F1 – Granting a lease For granting a lease: when the entity enters into the lease contract or, if none, at the start of the lease
For a lease renewal or extension: at the start of the renewal or extension
Capital proceeds less the expenditure on grant, renewal or extension Expenditure on grant, renewal or extension less the capital proceeds
F2 – Granting a long-term lease For granting a lease: when the lessor grants the lease
For a lease renewal or extension: at the start of the renewal or extension
Capital proceeds from the grant, renewal or extension less the cost base of the leased property Reduced cost base of the leased property less the capital proceeds from the grant, renewal or extension
F3 – Lessor pays lessee to get lease changed When the lease term is varied or waived No capital gain Amount of expenditure to get lessee’s agreement
F4 – Lessee receives payment for changing a lease (e.g. lease variation) When the lease term is varied or waived Capital proceeds less the cost base of lease No capital loss
F5 – Lessor receives payment for changing a lease When the lease term is varied or waived Capital proceeds less expenditure in relation to variation or waiver Expenditure in relation to variation or waiver less the capital proceeds

Shares (G)

CGT event Time of event Capital gain  Capital loss
G1 – Capital payment for shares (see our CGT Event G1 article for more details) When the company pays a non-assessable amount Payment less the cost base of shares No capital loss
G3 – Liquidator or administrator declares shares or financial instruments worthless When declaration was made No capital gain Reduced cost base of shares or financial instruments

Special Capital Receipts (H)

CGT event Time of event Capital gain  Capital loss
H1 – Forfeiture of a deposit When the deposit is forfeited Deposit less expenditure in connection with the prospective sale Expenditure in connection with the prospective sale less deposit
H2 – Receipt for an event relating to a CGT asset When the act, transaction or event occurred Capital proceeds less the incidental costs Incidental costs less the capital proceeds

Cessation Of Residency (I)

CGT event Time of event Capital gain  Capital loss
I1 – Individual or company stops being an Australian resident (see our CGT Event I1 article for more details) When the individual or company stops being an Australian resident For each CGT asset the individual or company owns, its market value less its cost base For each CGT asset the individual or company owns, its reduced cost base less its market value
I2 – Trust stops being a resident trust When the trust ceases to be a resident trust for CGT purposes For each CGT asset the trustee owns, its market value less its cost base For each CGT asset the trustee owns, its reduced cost base less its market value

Rollovers (J)

CGT event Time of event Capital gain  Capital loss
J1 – Company stops being a member of a wholly owned group after a rollover When the company stops being a member of a wholly owned group after a rollover Market value of the asset at the time of the event less its cost base Reduced cost base of the asset less that market value
J2 – Change in relation to a replacement asset or improved asset after a rollover under Subdivision 152-E When the change happens The amount mentioned in subsection 104-185(5) No capital loss
J4 – Trust failing to cease to exist after rollover under Subdivision 124-N When the failure to cease to exist happens For a company: market value of the asset at the time the company acquired it less its cost base at that time
For a shareholder: market value of the share at the time the shareholder acquired it less its cost base at that time
For a company: reduced cost base of the asset at the time the company acquired it less its market value at that time
For a shareholder: reduced cost base of the share at the time the shareholder acquired it less its market value at that time
J5 – Failure to acquire a replacement asset and to incur fourth element expenditure after a rollover under Subdivision 152­E At the end of the replacement asset period The amount of the capital gain that you disregarded under Subdivision 152­E No capital loss
J6 – Cost of acquisition of replacement asset or amount of fourth element expenditure, or both, not sufficient to cover disregarded capital gain At the end of the replacement asset period The amount mentioned in subsection 104-198(3) No capital loss

Other Cgt Events (K)

CGT event Time of event Capital gain  Capital loss
K1 – As the result of an incoming international transfer of a Kyoto unit or an Australian carbon credit unit from your foreign account or your nominee’s foreign account, you start to hold the unit as a registered emissions unit When you start to hold the unit as a registered emissions unit Market value of unit less its cost base Reduced cost base of the unit less its market value
K2 – Bankrupt pays an amount in relation to debt When payment is made No capital gain That part of the payment that relates to the denied part of a net capital loss
K3 – Asset passing to a tax-advantaged entity (see our CGT Event K3 article for more details) When an individual dies Market value of the asset at death less its cost base Reduced cost base of the asset less that market value

K4 – CGT asset starts being trading stock (see our CGT Event K4 article for more details)

When the asset starts being trading stock Market value of asset less its cost base Reduced cost base of the asset less that market value
K5 – Special capital loss from a collectable that has fallen in market value When CGT event A1, C2 or E8 happens to shares in the company, or an interest in the trust, that owns the collectable No capital gain Market value of the shares or interest (as if the collectable had not fallen in market value) less the capital proceeds from CGT event A1, C2 or E8
K6 – Pre-CGT shares or trust interest When another CGT event involving the shares or interest happens Capital proceeds from the shares or trust interest that are attributable to post-CGT assets owned by the company or trust, less the assets’ cost bases No capital loss
K7 – Balancing adjustment occurs for a depreciating asset that you used for purposes other than taxable purposes When the balancing adjustment event occurs Termination value less cost times fraction Cost less termination value times fraction
K8 – Direct value shifts affecting your equity or loan interests in a company or trust The decrease time for the interests Capital gain worked out under section 725-365 No capital loss
K9 – Entitlement to receive payment of a carried interest When you become entitled to receive the payment Capital proceeds from the entitlement No capital loss
K10 – You make a forex realisation gain as a result of forex realisation event 2 and item 1 of the table in subsection 775-70(1) applies When the forex realisation event happens Equal to the forex realisation gain No capital loss
K11 – You make a forex realisation loss as a result of forex realisation event 2 and item 1 of the table in subsection 775-75(1) applies When the forex realisation event happens No capital gain Equal to the forex realisation loss
K12 – Foreign hybrid loss exposure adjustment Just before the end of the income year No capital gain Equal to the forex realisation loss

Consolidations (L)

CGT event Time of event Capital gain  Capital loss
L1 – Reduction under section 705-57 in tax cost setting amount of assets of entity becoming subsidiary member of consolidated group or multiple entry consolidated group Just after entity becomes subsidiary member No capital gain Amount of reduction
L2 – Amount remaining after step 3A (of the table in section 705-60) of joining ‘allocable cost amount’ is negative Just after entity becomes subsidiary member Amount remaining No capital loss
L3 – Tax cost setting amounts for retained cost base assets exceed joining ‘allocable cost amount’ Just after entity becomes subsidiary member Amount of excess No capital loss
L4 – No reset cost base assets against which to apply excess of net ‘allocable cost amount’ on joining Just after entity becomes subsidiary member No capital gain Amount of excess
L5 – Amount remaining after step 4 (of the table in section 711-20) of leaving ‘allocable cost amount’ is negative When entity ceases to be subsidiary member Amount remaining No capital loss
L6 – Error in calculation of tax cost setting amount for joining entity’s assets Start of the income year when the Commissioner becomes aware of the errors The net overstated amount resulting from the errors, or a portion of that amount The net understated amount resulting from the errors, or a portion of that amount
L8 – Reduction in tax cost setting amount for reset cost base assets on joining cannot be allocated Just after entity becomes a subsidiary member No capital gain Amount of reduction that cannot be allocated

This article is general information only and does not provide advice to address your personal circumstances. To make an informed decision you should contact an appropriately qualified professional.