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Contract or settlement

Contract Date or Settlement Date for CGT?

For capital gains tax, a property sale under a contract generally happens on the day you enter into the contract, not at settlement (section 104-10). If there is no contract, it happens when ownership changes. Other CGT valuation dates follow their own rules, such as the day a home was first used to produce income or the date of death, so your accountant confirms which date applies.

GuideContract or settlement

Exhibit 01Illustration only. No values or scale.
A sale under contract
The contract date
No contract
When ownership changes
The rule
Section 104-10, ITAA 1997
Watch for
The two-year rule for inherited homes looks at settlement

Selling a property involves two dates that can be months apart: the day the contract is made and the day it settles. For capital gains tax the contract date usually counts. This guide explains the rule, the cases where settlement matters instead, and why the valuation date for other events is different again.

When does a sale happen for capital gains tax?

Selling a property is CGT event A1, the disposal of a CGT asset. Section 104-10 of the Income Tax Assessment Act 1997 says the time of the event is when you enter into the contract for the disposal or, if there is no contract, when the change of ownership occurs.

The ATO gives the example of a contract made in June and settled in October: the gain is made in the income year the contract was made, not the year of settlement. For a former home that was rented out, it says to report the gain, loss or exemption in the year of the contract date, not the settlement date.

If a contract falls through before completion, a note in the Act says the event does not happen, because no change of ownership occurs.

What about buying?

The ATO says that when you buy real estate under a contract, your acquisition date is the date on the contract, not when you settle. For inherited property, the acquisition date is the date of death.

Where does the contract date matter for a valuation?

Most sales at arm’s length use the actual price, so no valuation is involved. The contract date matters when market value replaces the price:

  • A sale to family, or to a related company or trust, not at arm’s length. Section 116-30 uses market value worked out at the time of the CGT event, which for a sale under a contract is generally the contract date. See family transfers and company or trust transfers.
  • A transfer with no contract, such as a gift. The time is when the change of ownership occurs.
  • A transfer to an existing trust. The Act sets the time as when the property is transferred (section 104-60).
  • Counting days for a partial exemption. For a rental property that later became your home, the ATO counts the days you owned it using the contract purchase and sale dates, not settlement dates.

When does settlement matter instead?

Not every rule uses the contract date:

  • The two-year rule for inherited homes. The ATO says the property must be disposed of under a contract that settles within two years of the death. See the two-year rule.
  • Days for an inherited home that is only partly exempt. The ATO counts the days from the death until settlement of the sale.

Because different rules use different dates, tell us both the contract date and the settlement date, and your accountant confirms which one to value at.

Why are other valuation dates different?

Many CGT valuations have nothing to do with a contract. The date is set by the event itself:

SituationValuation date
A home first used to produce income, where section 118-192 appliesThe day it was first used to produce income
Inherited property, where the date of death value sets the cost baseThe date of death
Property held across 30 June 2027 by an Australian resident individual or trustJust before 1 July 2027
A self-managed super fund’s annual accountsThe 30 June the accounts are made up to

See every CGT valuation date explained for the rule behind each one.

What should you tell us?

  • the contract date and the settlement date, if there was a contract
  • the date of the transfer, if there was no contract
  • which date your accountant has asked us to value at

We value at the date your accountant gives you, current or past. If your accountant wants values at two dates, the second date goes in the same report for $149 including GST. Request a valuation, or see pricing.

We value property. We do not give tax advice. Your accountant confirms which date applies to you.

07Questions

Questions about this

I signed the contract in June and settled in August. Which tax year is the gain in?

Generally the year you signed the contract. The ATO says that under a contract of sale the CGT event happens when you enter into the contract, not when you settle. Your accountant confirms how it applies to you.

Is a valuation for a family sale at the contract date?

Generally, where there is a contract. Section 116-30 works out market value at the time of the CGT event, which for a sale under a contract is when the contract is made. Tell us both dates, and your accountant confirms which one to use.

When did I buy my property for CGT purposes?

The ATO says that when you buy real estate under a contract, your acquisition date is the date on the contract, not settlement. For inherited property, it is the date of death.

Does the two-year rule for inherited homes use the contract date?

No. The ATO says the property must be disposed of under a contract that settles within two years of the death, unless an extension applies.

What if the contract falls through?

A note in the Act says that if a contract falls through before completion, the CGT event does not happen, because no change of ownership occurs. Your accountant can tell you how that affects you.

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