CGT on Inherited Property in Australia: The Complete 2026-27 Guide
capital gains tax inherited property australia does not charge capital gains tax on the spot. There is no inheritance tax and no death duties here — the property simply passes to the estate and then to the beneficiaries with the tax bill deferred. The bill arrives later, when the property is sold. And that is where thousands of families get caught out: they assume “inherited” means “tax-free”, miss a deadline, use the wrong cost base, and hand the ATO tens of thousands of dollars they never needed to pay.
Quick answer: In 2026-27, inheriting property in Australia triggers no CGT at the time of inheritance. CGT applies when you (or the estate) later sell it. If the home was the deceased’s main residence and you settle the sale within 2 years of death, the gain is usually fully exempt. Otherwise your cost base is either the market value at the date of death (pre-CGT or main-residence acquisitions) or the deceased’s original cost base — and the 50% CGT discount often applies even if you sell weeks after inheriting, because you inherit the deceased’s holding period too.
capital gains tax inherited property australia and CGT actually work
Death itself is generally not a CGT event. When the owner dies, their CGT assets roll over to the legal personal representative (the executor or administrator) and then to the beneficiaries. No gain is crystallised at that point. The tax is deferred until someone — the estate or a beneficiary — disposes of the asset.
This has three immediate consequences that shape everything else in this guide:
- You do not pay CGT when you inherit. You pay it when you sell (or otherwise dispose of) the inherited property.
- You inherit a cost base — and which cost base you inherit depends on when the deceased bought the property and how it was used. Getting this wrong is the single most expensive mistake in this area.
- The executor can trigger CGT too. If the executor sells the property during administration of the estate, the gain is reported in the deceased estate’s tax return — not in the beneficiaries’ returns.
Model any sale scenario with our free CGT calculator — it handles the discount, the tax brackets and the Medicare levy for 2026-27.
Your inherited cost base: the ATO’s three rules
The cost base is what the ATO subtracts from your sale price to find the capital gain. For inherited property it is not simply “what it was worth when they died” — it depends on the property’s history:
| The deceased’s situation | Your cost base (first element) | Your acquisition date |
|---|---|---|
| Bought before 20 September 1985 (pre-CGT asset) | Market value at the date of death | Date of death |
| Bought on/after 20 September 1985, and it was the deceased’s main residence just before death (not used to produce income), inherited after 20 August 1996 | Market value at the date of death | Date of death |
| Bought on/after 20 September 1985 and it was not the deceased’s main residence (e.g. an investment property, or it was rented out) | The deceased’s cost base at the date of death — their original purchase price plus buying costs, improvements, legal fees and stamp duty | The date the deceased acquired it |
See the ATO’s cost base rules for inherited property for the full detail, including the special disability trust exception.
Why this matters: a property bought in 1995 for $220,000 and worth $1.1 million at death hands you a $220,000 cost base (plus costs), not a $1.1 million one. The entire growth during the deceased’s lifetime is baked into your eventual gain. But a property bought in 1980 hands you a cost base of the date-of-death market value — decades of growth wiped clean. Before you assume anything, find out when the deceased bought it.
The 2-year main residence exemption
This is the most valuable relief in the inherited-property rules — and the most commonly fumbled. If the dwelling was the deceased’s main residence just before death and was not being used to produce income, then a sale that settles within 2 years of the date of death is fully exempt from CGT. The gain is disregarded entirely.
Three traps inside this rule, each worth real money:
1. Settlement, not contract, must fall inside the 2 years. Signing a contract at month 23 with settlement at month 25 fails. Probate delays, finance holdups and long settlements are how families blow this. Put the deadline in your calendar the week the grant of probate issues.
2. The ATO can extend the 2 years — but ask before it expires. Delays outside your control — will disputes, estate administration holdups, market conditions — can justify an extension from the Commissioner, and an extra 18 months can be self-assessed under the ATO’s compliance guideline. Extensions are not automatic; get advice early if the clock is running out.
3. The exemption only covers the dwelling plus up to 2 hectares. On acreage and rural properties, the main residence exemption is capped at 2 hectares (including the dwelling) — the rest of the land is taxable even inside the 2-year window. You can choose which 2 hectares give the best outcome.
There is also a second path to a full exemption that does not need the 2-year deadline: if the dwelling was the deceased’s main residence at death and, from the date of death until sale, it was the main residence of a specified person — the deceased’s spouse, a beneficiary, or someone with a right to occupy it under the will — the full exemption applies even if the sale happens years later. Our 6-year rule guide explains the related absence concession in detail.
Work through your own situation against the ATO’s inherited property exemption flowchart — it is a series of yes/no questions that lands you on “fully exempt”, “partially exempt” or “not exempt”.
Calculating CGT on an inherited property, step by step
The method is the same for every inherited sale:
1. Establish the cost base. Use the table above. For a post-CGT investment property this means reconstructing the deceased’s cost base — purchase price plus stamp duty, legal fees, buyer’s agent fees, and the cost of capital improvements (renovations, extensions). Ask the executor or the deceased’s accountant; if records are missing, a quantity surveyor’s report and old bank statements can rebuild a defensible figure. Costs the executor incurs (probate legal fees, conveyancing on transfer) can also be added.
2. Check for a full or partial exemption. Run the ATO flowchart. If the 2-year or specified-person conditions are met, stop here — no CGT.
3. Subtract the cost base from the capital proceeds (usually the sale price, less selling costs like agent commission). Positive is a gain; negative is a capital loss you can carry forward.
4. Apply the 50% CGT discount if eligible, then add the net gain to your taxable income. The gain is taxed at your marginal rate — it stacks on top of your salary for the year. See our 2026-27 income tax rate table for the brackets.
Worked example 1: the family home, sold inside 2 years
Mum bought her Sydney home in 2010 for $520,000, lived in it until her death in March 2025, and never rented it out. Her daughter inherits it and sells it; settlement occurs in January 2027 — within 2 years of death.
The home was Mum’s main residence just before death and was not income-producing. The sale settles inside the 2-year window. CGT: $0. The $600,000+ of growth since 2010 is never taxed. Had settlement slipped to April 2027 — one month late — the exemption would have been lost and the gain calculated from Mum’s $520,000 cost base.
Worked example 2: the investment property, real 2026-27 numbers
Dad bought an investment unit in 2005 for $300,000, paying $15,000 in stamp duty and legal fees — cost base $315,000. He died in 2023. His son inherits and sells the unit in 2026-27 for $720,000, paying $18,000 in agent commission and legal fees (deducted from proceeds: $702,000).
The capital gain – Capital proceeds: $702,000 – Less cost base: $315,000 – Capital gain: $387,000
The discount – The son inherits Dad’s acquisition date (2005) as well as his cost base — the 12-month clock includes the deceased’s holding period. The 50% CGT discount applies even though the son has only held it a few years. – Taxable portion: $387,000 × 50% = $193,500
The tax (2026-27 resident rates) The son earns a $110,000 salary. Without the sale his tax is $23,788 plus $2,200 Medicare levy. Adding the $193,500 gain pushes his taxable income to $303,500: – Tax on $303,500: $102,713 – Medicare levy (2%): $6,070 – Less tax and levy without the sale: $25,988 – Extra tax from the sale: roughly $82,795
The lesson: the taxable event is the sale, but the gain includes all the growth from 2005 — two decades of it. That is why reconstructing the full cost base (every improvement receipt, every fee) matters so much. Run your own figures through our CGT calculator.
Worked example 3: the pre-CGT family home
Grandad bought his Brisbane house in 1980 for $60,000. He died in March 2026, when a licensed valuer assessed it at $950,000. Because it is a pre-CGT acquisition, the beneficiary’s cost base resets to the $950,000 market value at death — 46 years of growth wiped clean.
The beneficiary sells in September 2027 for $1,000,000 (more than 12 months after the deemed acquisition at death, so the discount applies): – Capital gain: $1,000,000 − $950,000 = $50,000 – After 50% discount: $25,000 added to taxable income
Compare that with Example 2: the pre-CGT reset is enormously valuable. The one thing you must get right is the date-of-death valuation — a professional valuation, not a real-estate agent’s appraisal, because the ATO can challenge it years later.
The 50% discount trick most beneficiaries miss
This deserves its own section because almost no competitor article explains it properly. You do not need to hold the inherited property for 12 months to get the 50% CGT discount. Where you inherit the deceased’s cost base (the investment-property row in the table), you are also taken to have acquired the asset when the deceased acquired it. A property your father bought in 2005 and you sell three weeks after probate still qualifies for the 50% discount — his 20-year holding period is yours.
The exception: where the cost base resets to market value at death (pre-CGT assets, or a main residence inherited after 20 August 1996), your 12-month clock starts at the date of death. Sell within 12 months of death in those cases and you lose the discount — though if it was the deceased’s main residence you are probably exempt under the 2-year rule anyway.
Our 50% CGT discount guide covers the discount mechanics, and note that 2026-27 is the last year the discount works this way — from 1 July 2027 it is replaced by CPI indexation plus a 30% minimum tax on net capital gains.
The foreign-resident trap
Migrant families need to read this section twice. Two separate traps:
Trap 1: CGT can be triggered on the deceased’s final return. When CGT assets other than taxable Australian property (e.g. shares) pass to a beneficiary who is a foreign resident or tax-exempt entity, CGT event K3 can crystallise the gain just before death — and the tax is paid on the deceased’s date-of-death return, not by the beneficiary. This catches estates completely off guard.
Trap 2: no main residence exemption for foreign residents. If you are a foreign resident when you sell an inherited Australian home — or if the deceased had been a foreign resident for more than 6 years at death — you are generally not entitled to the main residence exemption at all, including the 2-year rule. The gain is fully taxable, with no 50% discount for foreign residents either. And since 1 January 2025, a 15% foreign resident CGT withholding applies to property sales with no minimum threshold — the buyer withholds it from the purchase price and remits it to the ATO.
Joint tenants vs tenants in common
How the deceased held the property changes what passes through the estate:
- Tenants in common: the deceased’s share becomes an asset of the estate. The executor can sell it or transfer it to a beneficiary — all the rules in this guide apply to that share.
- Joint tenants: the deceased’s interest passes automatically to the surviving joint tenant(s) in equal shares by survivorship — it never enters the estate. For CGT purposes the survivor is treated as if the interest passed as a beneficiary of the estate, so the main residence exemption rules still apply to that interest.
Common mistakes that cost beneficiaries money
1. Assuming “inherited” means “tax-free”. Inheritance defers CGT; it does not forgive it. The most expensive sentence in this area is “we thought there was no tax on inherited property.”
2. Using the date-of-death value as the cost base for an investment property. That reset only applies to pre-CGT assets and qualifying main residences. For a post-CGT investment property you inherit the deceased’s original cost base — using the market value instead understates the gain and invites an amended assessment.
3. Missing the settlement deadline. Contract in month 23, settlement in month 25: exemption gone. Diary the 2-year date from the day of death, not from probate.
4. Forgetting the 2-hectare cap. The main residence exemption covers the dwelling plus 2ha. On larger blocks, the excess land is taxable.
5. The executor distributing before tax is sorted. An executor who pays out beneficiaries before the estate’s tax position is final can be personally liable for the estate’s unpaid tax. Sort the CGT position before final distribution.
6. Moving into the property without thinking. Moving in can start your own main residence exemption — but it can also complicate the 2-year deceased-estate exemption and the cost base. Get advice before changing the property’s use.
7. No date-of-death valuation. Where the cost base resets to market value at death, a licensed valuer’s report is the foundation of the whole calculation. An agent’s letter of opinion is not the same thing.
Your first-30-days checklist
- Commission a licensed valuation as at the date of death (you will need it for the cost base or the exemption).
- Gather the records: the deceased’s original purchase contract, stamp duty receipt, improvement invoices, loan statements, rental records. Ask the executor and the deceased’s accountant first.
- Diary the 2-year settlement deadline — date of death plus 2 years — and work backwards to a latest contract date.
- Check every beneficiary’s tax residency — a foreign resident beneficiary changes the CGT outcome entirely.
- Do not sign a sale contract until the exemption position and cost base are worked out.
- Keep the property insured and secure — vacant-property insurance matters during administration.
- Get the estate’s accountant involved early, before any distribution. Our full property CGT guide is a useful companion once the numbers are in.
Frequently asked questions
Do I pay CGT when I inherit a property in Australia? No. Inheriting is not a CGT event — the gain is rolled over and deferred. You pay CGT only when you (or the estate) later sell or dispose of the property.
My siblings and I inherited Mum’s house together. How does CGT work? Each beneficiary has their own cost base for their share and their own CGT outcome when they dispose of it. If one sibling buys out the others, that buyout is a CGT event for each sibling selling their share. Get each share valued and each person’s position calculated separately.
Can I claim the 50% CGT discount if I sell soon after inheriting? Usually yes. You inherit the deceased’s acquisition date along with their cost base, so a property held for decades qualifies for the discount even if you sell weeks after probate. The exception is where your cost base resets to market value at death — then your 12-month clock starts at death.
What if the inherited property was rented out before death? Then it was being used to produce income, which knocks out the 2-year full exemption path. You may still get a partial main residence exemption depending on the periods of residence vs rental, and the cost base will be the deceased’s original cost base. This is one of the messiest scenarios — get advice.
The estate is selling the property, not me. Who pays? The deceased estate does. The executor reports the capital gain in the estate’s tax return. Beneficiaries do not report it — but the distribution they receive may be smaller as a result.
Is there stamp duty when the property transfers to me? Transfers of dutiable property to beneficiaries under a will are generally exempt from stamp duty in every state and territory — but the exemption has paperwork and timing requirements, so confirm with your state’s revenue office rather than assuming.
The bottom line
Inherited property is a timing game played with three numbers: the cost base you inherit, the 2-year settlement deadline, and the deceased’s holding period that unlocks your 50% discount. Get a licensed date-of-death valuation, reconstruct the full cost base, diary the deadline from the date of death, and check everyone’s tax residency before anything is signed. Do that, and the biggest tax bill of your family’s life might legally be zero. Skip it, and the ATO will do the arithmetic for you — at your expense.
Run the numbers for your situation with our free CGT calculator, and if the gain will stack onto a salary, our income tax calculator shows exactly which bracket each extra dollar lands in.

