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Small Business CGT Concessions in Australia: 2026–27 Guide

The sale of a business can be among the most significant financial transactions in an individual’s lifetime, and tax laws related to the sale of a business may have a huge bearing on the net amount left in your bank account after such a sale. Small business CGT concessions in Australia are specifically aimed at reducing this effect, as long as the required criteria are satisfied. This guide walks through eligibility, the four available concessions, what changes from 2027, and the planning steps worth taking before you sign anything.

What Are Small Business CGT Concessions?

Small business CGT concessions are a series of tax exemptions under the tax laws of Australia that reduce or exempt the payment of capital gains tax for the disposal of active assets of a business by the owner of a small business. These concessions exist in addition to the general CGT laws but provide much better treatment, taking into consideration the fact that many owners keep their retirement money invested in their businesses instead of super or stocks. There are four different types of concessions.

Who Can Qualify for Small Business CGT Concessions?

The Australian Taxation Office (ATO) sets out specific eligibility requirements for accessing CGT concessions for small businesses. To qualify, a business owner must satisfy the relevant basic conditions as well as any additional requirements that apply to the particular concession being claimed.

  • Aggregated turnover threshold: for 2026–27, the general threshold is $2 million. From 1 July 2027, the turnover threshold for the 50% active asset reduction is scheduled to increase from $2 million to $10 million.
  • Another important criterion is the active asset test. According to that, the asset must have been used, or held ready for use, in the business for at least half of the ownership period.
  • The maximum net asset value test is also important to determine eligibility. If the turnover test isn’t met, you may still qualify if combined net assets of the business and related entities stay under $6 million.
  • Additional conditions apply to specific exemptions, such as a minimum age of 55 for the 15-year exemption and a lifetime cap of $500,000 for the retirement exemption, both with strict lodgement timeframes.

The 4 Small Business CGT Concessions Explained

Four exemptions make up the full suite of relief available under small business CGT 2026–27 rules, and each suits a different stage of business ownership.

  • 15-Year Exemption

Under the 15-year exemption, an eligible individual may disregard the entire capital gain from a qualifying CGT asset that has been continuously owned for at least 15 years, provided the relevant conditions are satisfied. Generally, the individual must be aged 55 or over and retiring, or permanently incapacitated, when the CGT event occurs.

  • 50% Active Asset Reduction

Under this concession, eligible owners may exclude half of the capital gain if the asset is an active one. This concession is usually the easiest to qualify for, and it can be combined with the other concessions.

  • Retirement Exemption

The CGT retirement exemption allows gains of up to $500,000 over a lifetime to be disregarded. Owners under 55 must contribute the exempt amount into superannuation, while those 55 and over can take the funds without this requirement.

  • Small Business Rollover

The small business rollover can allow an eligible capital gain to be deferred when the business owner acquires a replacement active asset or makes eligible improvements to an existing asset. Specific timing and eligibility requirements apply, so the rollover should be planned carefully before and after the CGT event.

How Small Business CGT Concessions Work When Selling a Business

Applying these concessions correctly during a sale involves a specific sequence, and understanding that order helps avoid costly missteps around CGT when selling a business.

  • The general 50% CGT discount (where applicable) is applied first, before any small business concession.
  • The 50% active asset reduction is then applied to the remaining gain.
  • The retirement exemption or the 15-year exemption can be applied next, potentially reducing the gain to nil.
  • Any leftover gain can be deferred using the small business rollover rather than taxed immediately.

Small Business CGT Concessions and Business Structure

The structure holding your business, whether a sole trader arrangement, partnership, company or trust, changes how these concessions flow through to the individual owner, which is why business structure advice matters well before a sale is on the table.

Structure Key consideration
Sole trader Concessions apply directly to the individual owner.
Partnership Each partner applies concessions to their share of the gain.
Company The company can access concessions, but distributing proceeds to shareholders needs separate planning.
Trust The trust must make a valid choice and payment to the relevant individual to pass concessions through.

CGT Planning Before Selling Your Small Business

Proper business transition planning is important for the best outcomes. It works best when it starts years, not months, before a sale. Here are some important steps to follow across different phases of the sale:

(A) Things to Do Five Years Before Sale

  • Confirm your structure satisfies the basic conditions for eligibility.
  • Ensure the active asset test requirements will be met.
  • Track your net asset position if you’re close to the $6 million threshold.
  • Consider timing if you’re nearing 55 for the 15-year exemption.

(B) Things to Do Two Years Before Sale

  • Obtain a formal valuation of your business. 
  • Model each concession to find the optimal combination.
  • Get all documentation in order for a smooth process. 
  • Confirm your retirement exemption cap has headroom.

(C) Things to Do at the Time of Sale

  • Structure the CGT event to maximise eligibility. 
  • Ensure trusts make the correct choice and payment
  • Complete the required choices, records and payments within the applicable timeframes.
  • Document any rollover election or other concession choice where required and ensure the treatment is correctly reported in the relevant tax return.

Seeking professional financial advisory services in Perth can help business owners plan the sale, understand their tax position and prepare for the transition.

What Is Changing for Small Business CGT From 1 July 2027?

The 2026–27 Federal Budget proposes significant changes to the general CGT rules from 1 July 2027. Under the proposed reforms, the general 50% CGT discount for individuals, trusts and partnerships would be replaced with a cost-base indexation approach, together with a proposed minimum 30% tax rate on net capital gains.

Importantly for small business owners, the four small business CGT concessions are proposed to remain available. The proposed reforms would also increase the aggregated turnover threshold for the 50% active asset reduction from $2 million to $10 million from 1 July 2027.

Business owners considering a sale around this period should therefore review the timing and potential tax consequences with a qualified tax professional before entering into a sale agreement.

Common Mistakes to Avoid with Small Business CGT Concessions

Even well-intentioned sellers can trip up on technical requirements, so it’s worth reviewing where business sale capital gains tax planning commonly goes wrong. Here are some of the common mistakes to keep in mind and avoid:

  • Failure of the active asset test due to non-commercial related-party leasing arrangements.
  • Exceeding the maximum net asset test limit due to appreciation in the value of property without proper review.
  • Doing restructuring too close to the date of sale, resulting in the operation of anti-avoidance rules.
  • Failure of the significant individual test due to a change in ownership.
  • Ignoring the effects of indexation changes for the year 2027 on the calculation of underlying gain.

Working with a capital gains tax specialist accountant can help you avoid these mistakes and qualify for the concessions. 

Get Professional Advice Before Selling Your Business

Given how many moving parts are involved, working with a capital gains tax specialist before you list your business for sale is one of the most valuable steps you can take. A qualified small business tax accountant can help confirm eligibility, calculate potential capital gains and assess which concessions may provide the most suitable outcome.

They can also help align your business tax planning with your retirement and reinvestment goals. Palladium Financial Group offers professional services for owners navigating exactly this kind of transition. Contact us now for proper guidance.

Also read: Director Penalty Notices Explained: What Small Business Owners Must Know in Australia?

FAQs

1. How is CGT calculated when selling a small business in Australia?

CGT is generally calculated by working out the capital gain on the asset or business interest sold, after considering the cost base and eligible adjustments. Available CGT discounts and small business concessions may then reduce or defer the taxable gain if the relevant conditions are met.

2. Can I use more than one small business CGT concession?

Yes, eligible business owners may be able to use more than one small business CGT concession, depending on their circumstances and the specific requirements of each concession. The order in which the concessions are applied can affect the final capital gain.

3. Does selling a business property qualify for small business CGT concessions?

It can, provided the property and business owner satisfy the relevant eligibility requirements. The active asset test and other basic conditions need to be considered before claiming a concession.

4. Can a company or trust use small business CGT concessions?

Yes, a company or trust may be eligible for certain small business CGT concessions. However, additional rules can apply when the capital gain is distributed or passed through to individuals, so the business structure should be reviewed before a sale.

5. What happens to CGT if I reinvest the proceeds from selling my business?

Reinvesting proceeds may allow an eligible business owner to defer a capital gain under the small business rollover, provided the required conditions are satisfied. Simply reinvesting the money does not automatically eliminate the CGT liability.

6. When should I start planning for CGT when selling my business?

Ideally, CGT planning should begin several years before a sale. Reviewing your business structure, asset ownership, eligibility, valuations and potential concessions early can help identify issues before they affect the transaction.

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