Debunking the CGT Discount Myth: What Investors Need to Know

Posted 17 Nov '25

When it comes to capital gains tax (CGT) in Australia, there’s a common myth: “You should always buy long-term investments through a trust or as an individual to get the 50% CGT discount.” But is this really the best advice for everyone? Let’s break down what the CGT discount is, why it’s not always the best option, and what you should consider before choosing how to structure your investments.

What Is the CGT Discount?

If you own an asset (like property or shares) for more than 12 months, you may be able to reduce your capital gain by 50% when you sell it. This is called the CGT discount, and it’s available to individuals and trusts under Australian tax law.

But here’s the catch: This rule is simple if you’re investing your own after-tax money (like your salary or inheritance). Things get complicated if you’re using money from a company or business.

Why Using a Trust or Individual Structure Isn’t Always Best

Many people think trusts or individual ownership are always better because of the CGT discount. However, if you’re using company profits to fund your investment, you might face extra tax when moving money out of the company. This can mean:

• Extra tax on dividends: You pay personal tax on top of company tax.
• Division 7A issues: Loans from companies can trigger high tax rates if not structured properly.
• Loan repayments: You’ll need to make repayments from your after-tax income, which can be costly.

Asset Protection and Other Risks

If you borrow money directly from your trading company to invest, that loan is still an asset of the company. If your business faces legal trouble, those investments could be at risk.

The Real Cost of the CGT Discount

While the 50% CGT discount sounds great, the extra tax you pay to get money out of a company can outweigh the benefit. In many cases, you could end up paying more tax overall.

A Smarter Alternative: The Holding Company Strategy

Instead of moving money out of your company, consider keeping your investment funds within a corporate structure. Here’s how it works:

• Set up a holding company that owns your trading company.
• Pay dividends from the trading company to the holding company.
• Invest from the holding company in property, shares, or other assets.

Benefits include:

• No extra tax when moving profits between companies.
• Flat company tax rate (currently 30%) on all earnings.
• Better asset protection.
• Franking credits can be used in the future to reduce your personal tax.

Conclusion: Get Tailored Advice, Not One-Size-Fits-All

Don’t fall for generic advice about trusts and the CGT discount. The best structure depends on your unique situation, goals, and the source of your investment funds.

Want advice that’s built to last?

Contact our Structure Specialists Leonard Jiang from Empire Accountants on (07) 3124 0244 to get the right foundation for your financial future.