Capital Gains Tax Lawyers

Capital gains tax can significantly affect the outcome of selling or transferring assets such as property, businesses, or investments. Understanding how CGT applies can help reduce uncertainty and support informed financial decisions.

We help:

Understand when capital gains tax may apply to a transaction
Identify exemptions, concessions, or rollovers that may be available
Plan asset disposals with greater clarity around tax outcomes

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We Understand What You Are Going Through

Capital gains tax issues often arise at important moments, such as selling a property, exiting a business, or restructuring investments. These transactions can involve substantial value and time pressure, making tax consequences feel particularly significant.

You may be unsure how a capital gain is calculated, whether exemptions apply, or how timing affects your tax position. These questions often sit alongside broader commercial, family, or succession planning considerations.

We understand how complex and uncertain CGT issues can feel. We help you work through how capital gains tax applies in your circumstances in a clear and practical way, so decisions are made with confidence.

Our Services Include

Advising on capital gains tax implications of asset disposals
Calculating capital gains and losses for property, business, and investments
Advising on CGT exemptions, concessions, and rollover relief
Supporting CGT planning for business sales and restructures
Advising on CGT issues arising in deceased estates
Assisting with CGT matters connected to family trusts and investment structures

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+

Australian Based Team

4,000+

Matters Expertly Handled

10+

Awards & Industry Recognition

Our Process

Book Meeting
Fill in the contact form below or call our office to book an initial consult. You can choose between an in-person or video conference.
Get Advice 
You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
Achieve Outcomes 
Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.

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Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

Transparent quotes (no ‘bill shock’)
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Award winning team

Andrew Henshaw

Managing Director

Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Demian Walton

Director

Jennifer Maher

Director

Jess Hill

Director

Rajan Verma

Director

Robert Osler

Director

Seamus Ryan

Director

Tori Kilby

Director

Greg Thomas

Capital Gains Tax and the Net Result of a Sale, Transfer, or Restructure

A sale price can often look attractive until the capital gains tax position is worked through. The question is not only whether CGT applies. It is what the seller, trustee, executor or business owner actually keeps after ownership history, cost base, concessions and timing are checked.

Early capital gains tax advice can help identify what is being dealt with, who owns it, what records support the position and whether the transaction should be structured differently before documents are signed.

Start with what is actually happening to the asset

A CGT review should start with the transaction, not the tax calculation. Is the asset being sold, gifted, transferred to a related entity, distributed from a trust or estate, cancelled, exchanged or dealt with as part of a wider restructure? That answer can affect the CGT event, timing and evidence needed.

Before an asset disposal or transfer, it is usually worth checking:

Who legally and beneficially owns the asset
Whether it is held personally, through a company, trust, SMSF or deceased estate
When the asset was acquired and how it has been used
Whether the dealing is at market value or between related parties
Whether the contract date, transfer date or another event fixes the CGT timing
Whether CGT exemptions, CGT concessions or CGT rollover relief may apply
Whether valuation evidence is needed before the transaction proceeds.

A capital gains tax lawyer can work with your accountant to test those issues before the structure becomes harder or more expensive to unwind.

Cost base and records can change the result

The capital gain calculation often turns on records that are easy to overlook until late in the transaction. Purchase contracts, settlement statements, duty records, legal costs, valuations, improvement invoices, depreciation records, trust resolutions and company accounts may all affect the position.

Missing records can make the calculation harder to support. A property bought decades ago, a business asset improved over time, or shares transferred between family entities may need reconstruction before the likely gain can be understood.

Ownership history also matters. An asset may have been used partly for private purposes and partly for business, moved through a family trust, inherited through a deceased estate, or held by an entity that has changed control. Those details can affect the calculation, the available concessions and the documents needed if the ATO later reviews the position.

Property, business sales and family structures

CGT on property sale can involve more than the contract price. Main residence history, investment use, subdivision, development activity, mixed-use premises and related-party transfers can all change the analysis.

CGT on business sale can be just as sensitive. The transaction may involve goodwill, plant and equipment, shares or units, earn-outs, vendor finance, restraints, retained assets or staged completion. The CGT outcome can affect the price a seller needs, the buyer’s preferred structure and whether small business CGT concessions should be reviewed before terms are agreed.

Where a business sale involves shares or units, the legal documents and tax analysis should line up. A sale agreement that treats the deal as simple can still create problems if the tax outcome depends on active asset status, earn-out treatment, trust distributions or ownership history.

Estates, trusts and restructures need early timing advice

In deceased estates, CGT issues can arise when an executor sells inherited property, transfers assets to beneficiaries or deals with investments held at death. Timing, cost base and exemption questions should be checked before assets are sold or distributed.

Trusts, companies and family groups add another layer. The tax position may depend on which entity owns the asset, who controls the structure, how distributions are made, whether losses are available and whether the transfer forms part of a succession or restructure plan.

How Velocity Legal can help

Velocity Legal’s tax lawyers assist individuals, business owners, trustees, executors, family groups and advisers with CGT advice on property transactions, business sales, investment structures, family trusts, deceased estates, asset transfers, rollovers, concessions and transaction planning.

If you are selling, transferring or restructuring an asset, contact Velocity Legal before signing final terms, transferring ownership or implementing a structure that may be difficult to change. Read Less

Frequently Asked Questions

When does capital gains tax apply?

Capital gains tax generally applies when an asset is sold, transferred, or otherwise disposed of. This can include property, shares, business assets, and certain interests in trusts.

How is a capital gain calculated?

A capital gain is typically calculated by comparing the sale price of an asset with its cost base, taking into account allowable adjustments. The calculation depends on the specific asset and how it was acquired and held.

Are there exemptions from capital gains tax?

Yes. Some exemptions or concessions may apply, such as the main residence exemption, small business CGT concessions, or rollover relief in certain circumstances. Eligibility depends on the asset and the transaction.

When is capital gains tax payable?

Capital gains tax is generally reported in the tax return for the financial year in which the CGT event occurs. The timing of a transaction can affect when tax is assessed.

Can capital gains tax be planned for in advance?

In many cases, early planning can influence CGT outcomes. Understanding how transactions are structured and timed can help manage exposure and reduce unexpected liabilities.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

Transparent quotes (no ‘bill shock’)
Rapid response
Award winning team

Book Consult

4.9

89 Google Reviews

Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)