The costly property mistake most investors only discover at the end
Buying is only half the game. How you sell, gift or pass on your properties can quietly add or erase tens of thousands of dollars.
Most Australians pour years of effort into building a property portfolio.
They compare suburbs, battle with agents, stress over interest rates and tweak their borrowing power.
But the quiet part almost no one thinks about?
How those same properties will eventually leave their name, whether that’s through a sale, a gift to the kids or being passed on through their estate.
The way you structure ownership, claim depreciation and time your exit can shift the final tax bill by tens, sometimes hundreds, of thousands of dollars. Two investors with identical properties can walk away with very different after-tax outcomes simply because they chose different paths out.
This article breaks that long game into four big pieces:
Selling in your own name, through a family trust or via an SMSF
What really happens to your depreciation when you sell
Gifting property to children while you’re still alive
What actually happens to your home and investments when you pass away
It’s general education, not personal advice. Before you change a structure or sign anything, run your own numbers with a qualified accountant and financial adviser who understands property.
How your ownership structure sets up the exit
Selling in your own name
Owning an investment property in your personal name is simple. The sting often shows up at the end.
When you sell, any profit is usually taxed under the capital gains tax (CGT) rules. Broadly, you:
Start with the sale price
Subtract your “cost base” (purchase price plus certain costs and improvements)
Apply any CGT discounts you qualify for
If you’ve held the property for more than 12 months, as an individual you normally get a 50% CGT discount. Only half the gain is added to your taxable income.
Sounds generous. The catch?
That discounted gain is then taxed at your marginal tax rate, which can climb as high as 47% including the Medicare levy for top earners.
Quick example:
You buy for $600,000
After costs and improvements, your cost base is $650,000
You later sell for $950,000
Gross gain = $300,000
50% discount → taxable gain = $150,000
On the top marginal rate, tax ≈ 47% of $150,000 = $70,500
So more than seventy grand from one sale goes straight to the ATO, even after the discount.
That doesn’t mean owning in your own name is “wrong”; it’s cheap and easy to set up. But if your income is high and your portfolio is growing, selling in your own name can be one of the more expensive ways to exit.
Using a family trust to spread the tax hit
A discretionary (family) trust flips the script.
Instead of one person copping the full gain, the trust earns the income and capital gains. Each year, the trustee chooses which beneficiaries receive what.
Depending on the trust deed, beneficiaries might include:
You and your partner
Adult children
Parents and siblings
Nieces and nephews
Sometimes related companies or other trusts
The power here is flexibility. When the trust sells a property and makes a large gain, the trustee can distribute that gain to family members on lower tax rates, for example:
A spouse working part-time
Adult kids at uni with low taxable income
Used properly, this can significantly reduce the total tax payable on a sale.
But there are firm lines.
The ATO is particularly alert to “washing” income through relatives, such as:
Distributing, say, $100,000 to a low-income family member
They pay little tax
They then gift most of it straight back to you
On paper, it looks like clever planning. To the ATO, it looks like you tried to keep the benefit while parking the income in someone else’s return. That can end badly.
There’s also a hard limit with kids under 18. Distributions to minors from family trusts are usually taxed at punitive rates above a small threshold, making them unattractive in most cases.
So family trusts can be powerful when:
There are multiple adult family members on different incomes
You’re planning for large future gains or succession
They just need to be set up correctly and used in a way that sits comfortably within ATO guidance, not right on the edge of it.
Selling via an SMSF: 15%, 10% or even 0% tax
Property inside a self managed super fund (SMSF) plays by its own tax rules.
During the accumulation phase (you’re still building super):
If held less than 12 months, capital gains are generally taxed at 15%
If held 12+ months, the fund gets a one-third CGT discount, so the effective rate is 10%
Example:
SMSF buys a property for $500,000
It later sells for $800,000
Gross gain = $300,000
Held for more than 12 months → discounted gain = $300,000 × 2/3 = $200,000
Tax at 15% = $30,000
So a $300,000 gain can attract just $30,000 in tax inside the fund.
Compare that with a high-income earner selling in their own name, where the discounted gain might be taxed at up to 47%. Over a few properties and a couple of decades, the gap is enormous.
It gets more interesting again in pension phase. Subject to the transfer balance cap and other rules, many retirees can sell assets supporting their retirement pension inside the fund with no CGT at all.
That means, under current rules, it can sometimes be possible to:
Buy a property in your SMSF while working
Hold it for many years
Sell it once your fund is in pension phase
Pay 0% CGT on the gain within the relevant limits
That’s a big reason SMSFs have attracted long-term property investors.
There is growing scrutiny of very large balances (for example above $3 million), and the proposed rules around unrealised gains are more complex. If your super balance is heading into that territory, this is absolutely advice-only country.
For many everyday investors, though, the headline message is simple:
The structure you choose can shift your effective tax rate on a property gain from close to 50% in some personal situations, to about 10% in an SMSF, or even 0% in pension phase.
That’s why exit planning and ownership structures deserve as much thought as the purchase itself.
What depreciation really does to your tax bill at sale
Division 43: building write-off that quietly shrinks your cost base
Division 43 deals with capital works, the structural part of the building: walls, roof, slab, bricks and certain fixed improvements. For eligible buildings, you can usually claim a fixed percentage of the construction cost each year (often around 2–2.5%) over a set period.
The twist is this:
Every dollar you claim under Division 43 reduces your cost base for CGT purposes.
Example:
A depreciation schedule puts the building component at $450,000
Over time, you claim $20,000 of Division 43 deductions
Your remaining building cost base is now $430,000, not $450,000
When you sell, your CGT calculation effectively starts from the lower number
All else being equal, your capital gain is $20,000 higher because you’ve already had that 20k back as tax deductions along the way.
So Division 43 is still valuable; it boosts cash flow each year, but it’s not a free lunch. You’re effectively bringing some tax savings forward and pushing some tax into the sale year.
Division 40: plant, equipment and the balancing adjustment sting
Division 40 covers plant and equipment, items that are separate from the main structure, such as:
Ovens and dishwashers
Hot water services
Air conditioners
Carpets and some floor coverings
Certain fixtures and fittings
These usually have shorter effective lives and can use faster depreciation methods, so you often claim more upfront.
But when you sell, the ATO wants to “square up”.
Say you:
Install $50,000 worth of plant and equipment
Over time, you depreciate that down to $0 in your books
At sale, a quantity surveyor or valuer says the remaining items are still worth $20,000
Because you’ve claimed the full $50,000, but the assets still have $20,000 of value, that $20,000 is added back as a balancing adjustment in the year of sale.
Two important points:
It’s assessable income, not a capital gain
It does not get the 50% CGT discount individuals enjoy on qualifying assets
That’s why some investors are shocked when a big chunk of depreciation they’ve loved for years shows up as a nasty surprise in the final year’s tax return.
Why a fresh quantity surveyor report before sale can help
Most investors think to call the quantity surveyor when they buy, to set up the original depreciation schedule.
It can also be worth getting an updated report before you sell, especially if:
You’ve owned the property for several years
You’ve renovated or upgraded
You’ve already claimed a lot of depreciation
Ideally, you organise this while you still control access, not two days before settlement.
A fresh report can break down:
Remaining building value (for cost base and CGT)
Remaining plant and equipment value (for any balancing adjustment)
Armed with that, your accountant can more accurately model:
Your likely capital gain
Any balancing adjustment
The tax impact and cash flow hit in the year of sale
That can influence when you sell, how you structure contracts and how you plan to handle the tax bill.
Gifting property to your kids while you’re still alive
Why “gifting” an investment property is rarely tax-free
On the surface, handing an investment property to your child as a “gift” sounds simple.
The tax system sees something different.
In most cases, the ATO treats this as if you sold the property at market value, even if no money changes hands.
For you (the parent):
A CGT event happens
The gain is calculated based on market value at the time of transfer versus your cost base
The 50% CGT discount may still apply if you’ve held it more than 12 months
For your child:
The state or territory revenue office may still charge stamp duty
Duty is often based on the market value, not the “mates rates” figure you write on the transfer
Market value substitution rules can bite if you try to play with the numbers. If you dramatically understate the value to save duty or tax, authorities can simply substitute the true market value and assess you on that instead.
Contrast that with handing over cash:
If you’ve already paid tax on the income that created the savings, gifting $100,000 in cash usually has no CGT for you
Your child doesn’t treat the gift as taxable income
The property, by comparison, often has a large bucket of untaxed growth in it, and that’s exactly what CGT is designed to capture.
You absolutely can help kids using property. You just want to go in with clear eyes about the CGT for you and stamp duty for them, and whether there are smarter ways to structure that help.
How your home is treated differently
Your principal place of residence (PPR) plays by another set of rules again.
If the home has genuinely been your PPR the entire time you’ve owned it, then when you sell or transfer it:
The main residence exemption usually means no CGT for you
That holds whether you sell on the open market or transfer to a child
Stamp duty is another story.
States and territories each have their own rules about duty on family transfers, including when concessions apply. In many cases, your child may still pay duty based on the current market value, even if you’re giving them the property.
So, in simple terms:
For you, handing over a long-term PPR often doesn’t trigger CGT
For your child, duty may still be payable, even if no money flows back to you
That’s why the casual “I’ll just pop the house into the kids’ names” conversation can be dangerous without proper advice.
What happens to your properties when you pass away
Inherited investment properties and cost base rules
When an investment property passes to your beneficiaries, the tax story depends heavily on when you first bought it.
For properties purchased on or after 20 September 1985 (when CGT began):
There’s usually no CGT at the moment of death
Your beneficiary generally inherits your cost base
CGT is triggered when they eventually sell
Example:
You bought an investment property in 2015 for $400,000
At your death, it’s worth $900,000
Under your will, your child receives it
They sell soon after for $900,000
Their cost base is still $400,000, not $900,000. The gain is effectively measured over your whole period of ownership, not just from the date of inheritance.
The upside is that in many cases, there’s no stamp duty on the transfer from your estate to them. The trade-off is that the built-up unrealised gain doesn’t vanish, it’s handed down as a future CGT bill when they sell.
Pre-1985 properties: the shrinking but powerful exception
Properties acquired before 20 September 1985 sit outside the CGT system while you own them. These are often called pre-CGT assets.
When they pass to your beneficiaries, the rules draw a line in the sand:
The property enters the CGT system at the date of your death
Your beneficiary’s cost base is usually the market value at that date
Example:
You bought in 1983 for $80,000
At your death, it’s worth $1,000,000
Your child inherits it
For them, the cost base is $1,000,000. If they sell for about that soon after, there may be little or no capital gain. Only growth from that point onwards is taxed.
Pre-CGT properties are fewer every year, but where they exist, that reset can be extremely favourable for the next generation.
Inheriting the family home and the two-year CGT window
Your main residence is treated differently again.
If it’s genuinely been your PPR the whole way through:
The main residence exemption typically means there is no CGT inside your estate
When the property passes to a beneficiary, there can be a two-year window in which they can sell with no CGT, even if the home is rented during that time, provided conditions are met
In practice, your beneficiary might choose to:
Sell relatively quickly for simplicity; or
Hold for a period (for example, in a rising market), rent it out, and still sell within the allowed window without CGT
Alternatively, if they move in and make it their own PPR, future growth may also be protected under the main residence rules, subject to the usual conditions.
The key point: inheriting a home or investment property doesn’t automatically mean an immediate tax bill. Timing and use after inheritance can make a big difference.
Trusts, control and succession planning
Why some investors use trusts to hand over control, not title
One big appeal of family trusts in succession planning is the way they can separate control from beneficial interest.
A typical setup might look like:
A corporate trustee, a company that appears on the property titles
An appointor, the person who can hire or fire the trustee
A pool of beneficiaries, family members who can receive income and capital
The properties sit in the trust. The trustee manages them. The beneficiaries enjoy the distributions.
Over time, you can change who controls the structure without changing the legal owner on the title.
Compare:
Scenario 1: Four properties in your own name
You own four investment properties personally
To hand them to your adult kids while alive, you usually have to transfer title
That can trigger CGT for you and stamp duty for them
If you wait until death, the usual estate and CGT rules apply
Scenario 2: Four properties in a family trust
The trust (via the corporate trustee) owns the properties
You’re the director of the trustee company and the appointor of the trust
Your spouse and adult children are beneficiaries
When the time feels right, it may be possible to:
Change the directors of the trustee company
Change the appointor to one or more of your children
The properties themselves stay put, same titles, same owner entity. What changes is who has their hands on the steering wheel.
Handled properly, that shift in control can often happen without triggering CGT or stamp duty on the properties. It lets you step back while you’re still around to guide your kids, without blowing up the structure.
This is technical territory, trust deeds, tax law and state revenue rulings all matter, so it’s one for both an accountant and a lawyer who work with this day in, day out.
Where testamentary trusts fit in
A testamentary trust is a trust created by your will. It doesn’t exist during your lifetime; it comes into being when you die.
Instead of leaving assets directly to your children or grandchildren, your will can direct some or all of your estate into one or more testamentary trusts. A chosen trustee then manages those assets for your beneficiaries.
Why add the extra layer?
Tax on income for kids
Income from a testamentary trust paid to children under 18 can often be taxed at adult marginal rates rather than the harsh penalty rates that normally apply to minors. That can be a big deal if the trust is helping fund school fees or living costs.
Protection during messy life events
If a beneficiary goes through divorce, business trouble or bankruptcy, assets held in a testamentary trust can sometimes sit one step further away from the firing line than assets in their own name.
Control over timing and behaviour
You can give the trustee guidelines about when to release capital and when to hold back. That can be helpful if a beneficiary is young, vulnerable or not great with money.
Think of a grandparent with a small portfolio of investment properties and shares who:
Directs those into a testamentary trust on death
Names an adult child as trustee
Names grandchildren as primary beneficiaries
Rental income and dividends flow into the trust. The trustee can distribute income to the grandkids each year, using adult tax thresholds even when they’re under 18. The underlying assets stay invested and protected until the trustee feels the grandkids are ready for more control.
Done thoughtfully, structures like this are less about “clever tricks” and more about giving your family options and guardrails when you’re not here to explain what you wanted.
Turning this into your own property exit plan
Questions to ask before your next purchase
Most people choose a structure based on what seems easiest right now. A better approach is to think about your future self and your family.
Before you sign the next contract, ask:
What income bracket am I likely to be in when I sell this?
If you expect to be a high earner later, selling in your own name could mean a hefty CGT bill.
Do I want flexibility to share gains across family members?
If you can see a spouse, adult kids or even parents being part of your financial picture, a family trust might help distribute gains more tax effectively (within the rules).
Does it make sense to hold some properties inside super?
An SMSF adds admin and responsibility but can offer very attractive long-term tax rates, especially in retirement.
How much extra admin am I realistically willing to handle?
Trusts and SMSFs mean more paperwork, higher accounting costs and stricter rules. For some investors, a slightly higher tax bill is worth the simplicity.
You don’t need perfect answers. The point is to stop making each purchase in isolation and start asking, “What’s the end game for this property?”
Conversations to have with your accountant and adviser
Instead of asking, “What’s the best structure?”, show up with a real picture of your life.
Bring:
A list of your current properties, loans and ownership structures
Rough timelines, hold forever, sell in 5–10 years, keep until retirement, etc.
Your thoughts on helping kids into the market or leaving them income later
Any plans around super and SMSFs, starting one, adding property, or winding one down
Then ask your planning team to stress test scenarios like:
What changes if I sell this property before I retire versus after?
Does it make sense to put future purchases into a family trust, and what are the trade-offs?
Is an SMSF appropriate for one or two properties in my situation, or is that overkill?
Would a testamentary trust in my will help protect and support young kids or grandkids?
Treat your accountant and adviser as your strategy partners, not just people who lodge returns or set up entities. You bring the goals and the family story; they bring the rules and the numbers.
Turning today’s planning into tomorrow’s choices
You don’t need to become a tax lawyer to get this right. You just need to:
Ask better questions
Think beyond settlement day
Match each property to a rough exit plan
A simple starting exercise:
For each property you own, or plan to buy, jot down:
Keep long term for income?
Sell at a certain life stage (retirement, kids finishing school, downsizing)?
Gift while you’re alive to help children into the market?
Pass on through your estate as part of a wider family plan?
Then:
Sit down with a qualified property-savvy accountant and walk them through your actual portfolio
Review your loans and borrowing so your finance supports your long-term exit plans, not just the next purchase
Use solid data and professional support to pick suburbs and assets that line up with your strategy, rather than chasing short-term depreciation or a quick positive cash flow story