Capital Gains Tax Concessions in Succession and Estate Planning

Mike McCulloch • December 1, 2021

Careful planning may now be required to avoid an undesirable
Capital Gains Tax liability.

The recent increase in rural land values and commodity prices has meant that where historically a typical family farming enterprise has been considered a small business, careful planning may now be required to avoid an undesirable capital gains tax liability.


There are capital gains tax (CGT) concessions for small business entities which can eliminate all or part of the CGT on an asset sale or transfer. To be eligible for the small business entity status, the entity needs to amalgamate the assets and income turnover for all its connected and affiliated entities before applying the tests.


Under the current legislation your business must meet 'basic conditions' for the entity to be eligible for these small business concessions. To be eligible you must satisfy one of the following tests.


1)      Your business entity's aggregated turnover (income from ordinary business such as produce sales) is less than $2 million for the current or previous financial year; or


2)      The maximum net assets value test - the total net value of CGT assets owned by you and certain entities does not exceed $6 million just before the CGT event. That is, the market value of the CGT assets less any liabilities which are related to those assets.


There is a strategy to take advantage of the small business entity CGT concessions in the financial year following that which you do not satisfy at least one of the tests for the first time. In this subsequent year, the CGT concessions will still apply. For example, the entities assets were above the $6 million threshold and the income turnover is above the current $2 million threshold for the first time in the 2021/22 tax year, there is an opportunity to transfer suitable assets either directly to the next generation or into a discretionary trust as part of your succession and estate plan. This could uplift the cost base of the asset in the 2022/23 tax year whilst taking advantage of the CGT concessions. If this asset was transferred or sold in the future, the CGT will be reduced as the previously low-cost base has been uplifted to market value in the 2022/23 tax year.

 

Succession and estate planning


A discretionary trust structure can provide some asset protection and will enable you to pass control of the trust to your successor(s) and to split any future CGT between the beneficiaries of the trust.

While transferring land to a discretionary trust may save CGT in the future, this structure may not be suitable for all situations. Before starting this process, it would be worthwhile to review your current plans and ensure they are adequate.


Act now


If you believe that your entity's business may be impacted by not satisfying one of the conditions of the small business entity test in the future, please contact us to discuss your situation and we will develop a tailored plan to meet your needs.

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We are delighted to announce the promotion of Erin White to Principal and Business Manager at Brentnalls Western Victoria. Since joining the firm in 2024, Erin has played a key role in leading our people, strengthening our operations and helping shape the future direction of the firm. Erin's progress in the firm reflects her leadership across our business and her commitment to delivering exceptional outcomes for both our clients and our team. In addition to overseeing business operations, people and culture, strategic projects and marketing, Erin also works alongside clients to help them build stronger businesses through strategic planning and practical implementation. Having grown up, attended school and raised her two sons, Deacon and Xavier, in Western Victoria, Erin is passionate about supporting the businesses that help our regional communities thrive. Outside of work, she enjoys travelling, camping and spending time with her partner, Nathan, family and friends. Please join us in congratulating Erin on this exciting step. We look forward to the continued leadership and expertise she will bring to Brentnalls Western Victoria and to the positive impact she'll continue to have on our clients, our people and our community.
By Cogger Gurry July 20, 2026
Succession Starts Long Before Retirement With Stacey Shelden, Director, Brentnalls Western Victoria One of the biggest misconceptions I see is that succession planning begins when someone is ready to retire. In reality, that's often when families find themselves under pressure. The most successful succession plans I've been involved with didn't begin because someone wanted to step away from the business. They began years earlier, with simple conversations about the future. As we begin a new financial year, many business owners are taking stock of the year that's been and planning for the one ahead. They'll review financial performance, discuss tax outcomes, consider investments and set business goals. They're all important conversations. But I'd encourage you to ask one more question: Where do we want this business to be in ten years' time and are we preparing for that future today? Succession isn't simply about transferring ownership. It's about ensuring your business, your family and the next generation are ready for what's ahead. It means sharing knowledge, mentoring future leaders and gradually introducing the next generation to the decisions that shape the business. It means creating opportunities for them to understand not only how the business operates, but why decisions are made. Just as importantly, it means having open conversations as a family. Do everyone’s expectations align? Does the next generation actually want to take over the business? What does a successful transition look like for each family member? These conversations can feel difficult, which is why they're often delayed. Yet, in my experience, it's the families who start talking early who navigate succession with the greatest confidence. They have time to explore options, work through differing views and make decisions without the pressure of looming retirement or unexpected life events. The start of a new financial year is a natural time to think beyond the next twelve months. While you're planning for business growth and reviewing financial performance, take the opportunity to also consider your long-term vision. Because succession isn't a project to complete when retirement arrives. It's a process of preparing your business, and your family, for the future. The earlier you begin, the more choices you'll have, and the stronger your business will be for the generations that follow.
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