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Capital Gains Tax in Australia: Chapter 7 - How the Small Business CGT Concessions Work Together - Exit Strategies That Preserve Wealth

Written by: Melissa Cunliffe



In the previous chapters, we explored each of the small business CGT concessions individually.


In reality, however, these concessions are rarely used in isolation.


The real value lies in how they are combined, sequenced and tailored to the client’s circumstances.


This is where careful planning can dramatically change the outcome — sometimes turning a large taxable gain into little or no tax.



Understanding the order of concessions


Before looking at strategies, it’s important to understand the typical order in which CGT rules are applied.


The general sequence is:


  1. Calculate the capital gain

  2. Apply capital losses

  3. Apply the 50% CGT discount (if eligible)

  4. Apply the 50% active asset reduction

  5. Apply the retirement exemption and/or rollover


The 15-year exemption, if available, effectively overrides everything — as the gain can be entirely disregarded.


Concessions
Strategic planning in action — aligning your business sale with the right CGT concessions to preserve wealth.


Why sequencing matters


The order in which concessions are applied can change the amount of tax payable, affect how much can be contributed to superannuation, and influence how much cash is retained personally.


This is where strategy becomes just as important as eligibility.



Scenario 1: Full exemption outcome


Facts:

  • Business owned for 20+ years

  • Owner aged 60 and retiring

  • Gain on sale: $1.5 million


Outcome:

  • 15-year exemption applies

  • Entire gain is disregarded

  • Tax payable: $0


Key insight


This is the ideal scenario — but it relies heavily on long-term ownership, correct structure and meeting the retirement condition.



Scenario 2: Layering concessions to eliminate tax


Facts:

  • Gain on sale: $1,000,000

  • Owner aged 58

  • Eligible for all concessions except the 15-year exemption


Step-by-step outcome:


Apply 50% CGT discount → $500,000

Apply active asset reduction → $250,000

Apply retirement exemption → $0


Tax payable: $0


Key insight


Even without the 15-year exemption, it is still possible to eliminate the gain entirely through layering concessions.



Scenario 3: Balancing tax outcomes and super contributions


Facts:

  • Gain after discount: $600,000

  • Owner aged 52

  • Wants to maximise retirement savings


Strategy:

  • Apply retirement exemption

  • Contribute up to $500,000 to super

  • Remaining $100,000 may be taxed or managed separately


Key insight


This is not just a tax decision — it is a wealth allocation decision.



Scenario 4: Using rollover for continued growth


Facts:

  • Gain on sale: $800,000

  • Business owner intends to reinvest


Strategy:

  • Apply rollover to defer gain

  • Acquire replacement asset

  • Keep capital working in the business


Key insight


Sometimes the best outcome is not eliminating tax — but deferring it to support growth.



Scenario 5: Business premises held separately


Facts:

  • Business operates through a company

  • Premises held in a family trust

  • Both are sold


Planning considerations:

  • Ensure both entities satisfy eligibility rules

  • Confirm premises qualify as an active asset

  • Coordinate concessions across entities


Key insight


Ownership structures can either unlock significant concessions or prevent access entirely.



Strategic themes across all scenarios


  1. Structure drives outcomes

    Where assets are held — and how entities are connected — is often the single biggest determinant of eligibility.


  2. Timing is critical

    Key timing decisions include when to sell, whether to wait until age 55, whether to hold for 12 months or longer, and whether to restructure early.


  3. Planning must happen before the sale

    Once a contract is signed, many planning opportunities are gone and outcomes are largely locked in.


    The best results are achieved well in advance.


  4. Tax is only one part of the decision

    Good planning considers cash flow, retirement objectives, superannuation strategy, succession planning and commercial realities.


  5. Modelling different scenarios adds value

    We often see materially different outcomes depending on which concessions are applied, whether some are deferred or skipped, and how proceeds are distributed.



Common mistakes we see


  1. Assuming eligibility

    Clients often assume they qualify — without testing the rules.


  2. Leaving planning too late

    By the time a deal is on the table, options are limited.


  3. Poor documentation

    Failing to evidence active asset use, ownership periods, or retirement intention.


  4. Ignoring aggregation rules

    Family groups often unintentionally exceed thresholds.


  5. Focusing only on tax

    The lowest tax outcome is not always the best overall financial outcome.



Practical framework for clients


  1. Do you qualify? (basic conditions)

  2. Which concessions are available?

  3. What is the optimal combination?

  4. What is the broader objective?

  5. What needs to be done before sale?



Key takeaway


The small business CGT concessions are powerful — but only when used strategically and in combination.


The difference between no planning and well-executed planning can be hundreds of thousands — or even millions — of dollars.



Ready to maximise your exit?


The CGT concessions can significantly change your outcome — but only with the right planning in place.


Book a strategy session to assess your options, model scenarios, and ensure you’re preserving as much wealth as possible before you sell.



Disclaimer 

This article does not constitute financial advice and is for general information only. It does not take into account any individual’s personal objectives, situation or needs, and is not intended as professional advice. Any similarity to an individual’s personal circumstances and the examples provided in this article is purely coincidental. Any person acting upon such information without receiving specific advice, does so entirely at their own risk. 

Authorisation under an Australian Financial Services Licence (AFSL) is not required in the provision of this article and the author plus Future Accounting Group Pty Ltd is not acting in its capacity as an Australian Financial Services Licence holder

Liability limited by a scheme approved under professional standards legislation.


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