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Tax

Sold the business? The way you claim decides what you keep

Most people who sell a business know the concessions exist. Far fewer know that the mix they claim changes the final tax bill, or that one of the four switches on by itself unless you choose to turn it off.

Free to run, no sign up Full report from $19 20 free guides 2026-27 income year

Qualifying is the easy part. Claiming it right is where the money is.

Division 152 gives four concessions to a small business owner selling an active asset: the 15 years exemption, which disregards the whole gain; the 50% active asset reduction; the retirement exemption, worth up to $500,000 over a lifetime; and the small business rollover, which defers what is left while you buy a replacement asset. Most guides stop at working out which of them you can have.

What each mix is worth is the part almost nobody prices. The 50% active asset reduction applies automatically unless you choose out of it under section 152-205. Choosing out of it pushes more of the gain through the retirement exemption instead. That uses more of your $500,000 lifetime limit, but can put much more into super under the $1,935,000 CGT cap. Whether that pays depends on your age, your marginal rate, your super and what you plan to do with the money. It is a real decision, and there is no form for it: it shows in the way your tax return is prepared.

Every choice under Division 152 has to be made by the day the return is lodged. After that, what you claimed is what you claimed.

So this is one tax decision where running the numbers early matters as much as running them well.

What the calculator works out for you

  • The basic conditions, on your figures. Either the aggregated turnover test at $2 million or the maximum net asset value test at $6 million, with affiliates and connected entities counted the way section 152-10 counts them.
  • The active asset test. Whether the asset was active for half the ownership period. If you are selling shares or units, whether the 80% test and the 20% significant individual test are met too.
  • Every legal combination, priced. Not just which concessions apply, but every legal mix of them, each one taken through to the tax actually payable.
  • Where the money ends up. Into your hands, into super under the CGT cap, or deferred into a replacement asset. Each one gives a different after-tax answer.
  • What the concessions could save you. Every option ranked on one figure: what the sale leaves you after tax, compared with claiming nothing.
aggregated turnover test $2 million
maximum net asset value test $6 million
lifetime retirement exemption limit $500,000
CGT cap into superannuation, 2026-27 $1,935,000

What you get in the full report

  1. Every combination side by side, ranked. What each one leaves you after tax, to the dollar, from most to least.
  2. The super side of it. How much of your $500,000 lifetime limit each route uses, and how much can go into super under the $1,935,000 CGT cap, and by when.
  3. What each one involves. The general steps behind each combination, and every legal deadline your sale runs on, laid out before lodgment day.
  4. Every sale, every entity, as many times as you like. One payment, no expiry. Change the contract date, the price or the structure and run it again.

What this calculator won't do

Written advice on these concessions from a tax adviser typically costs $2,500 to $8,000; this report costs $19, once. It does not give tax advice and it does not sign anything. Whether the conditions are met on your particular facts (what the asset actually was, who controlled what, whether the records support the claim) is a judgement a registered tax agent makes. This report is the arithmetic, done and laid out for you both. What you are assessed on is determined by the Australian Taxation Office on the return you lodge. Everything here runs on 2026-27 income year rates.

What people ask before they run it

What are the small business CGT concessions?

They are four tax breaks for small business owners, set out in Division 152 of the Income Tax Assessment Act 1997. The 15-year exemption disregards the whole gain. The 50% active asset reduction halves what is left. The retirement exemption exempts up to $500,000 over a lifetime. The small business rollover defers the rest for up to two years. They sit on top of the general 50% CGT discount, and more than one can be claimed on the same sale.

Do I qualify for the small business CGT concessions?

You qualify if you meet the basic conditions in section 152-10. First, either the business has an aggregated turnover under $2 million, or the net value of the CGT assets of you, your affiliates and your connected entities is $6 million or less. The asset then has to pass the active asset test: in active use in the business for at least half the ownership period, or for 7.5 years if you owned it for more than 15 years. Selling shares or units adds two further conditions. This calculator answers each test on your own figures and names the one that fails when one does.

Does the order I claim the concessions in change my tax?

Yes, and it is the part almost nobody prices. The 50% active asset reduction applies automatically unless you choose out of it under section 152-205, and choosing out of it puts more of the gain through the retirement exemption instead. That uses more of the $500,000 lifetime limit, but moves more of the proceeds into superannuation under the CGT cap rather than the ordinary contribution caps. Neither is better in the abstract. This calculator prices both, and every other combination, on your own figures.

Can I put the proceeds of a business sale into super?

Yes. Amounts exempted under the 15-year exemption and the retirement exemption can be contributed under the CGT cap, which is separate from the ordinary non-concessional contributions cap and is $1,935,000 over a lifetime (the 2026-27 figure, which is indexed). Under 55, a retirement exemption amount has to be paid into a complying superannuation fund, and the fund has to be told the contribution is being made under the CGT cap before or at the time it is made.

Is this calculator tax advice?

No. This is an information service: it applies the published rules to the figures you enter and shows what they produce, with every working visible. It ranks combinations on one stated arithmetic measure and does not recommend one. Whether a choice suits your wider position, and whether your records support the conditions being met, are not in that measure. Those are for a registered tax agent, who can advise on your own facts, or for the Australian Taxation Office through a private ruling.

Is the top tax rate on a capital gain really 47%?

Yes. It is 45% plus the 2% Medicare levy. A capital gain is part of taxable income, so the levy applies to it like anything else, and every figure in this calculator includes it. Nothing in Division 152 changes a rate: each of the four concessions works by changing how much of the gain is assessable, which is why your other income moves these figures as much as the concessions do.

What is the turnover limit for the small business CGT concessions?

The turnover limit is $2 million of aggregated turnover, not the $10 million figure used for other small business tax breaks. Aggregated means your turnover plus that of your affiliates and connected entities. The limit is written into the Act and is not indexed. If you fail it, you can still qualify through the $6 million net asset value test instead, because you only need to pass one of the two.

How does the 15-year exemption work?

The 15-year exemption removes the whole capital gain from your tax return, with no dollar cap. To get it, you must have owned the asset for 15 years without a break. You must also be 55 or older on the day the contract is signed and sell in connection with retiring, or be permanently incapacitated at that time, at any age. It does not use any of the $500,000 retirement exemption limit, and it leaves your capital losses untouched.

Do I have to retire to use the retirement exemption?

No. Despite its name, the retirement exemption does not require you to retire or cut your hours. It exempts up to $500,000 of capital gains over your whole life, not per sale or per year. The one age rule is at 55: if you are under 55 when you make the choice, the exempt amount must be paid into a complying super fund. At 55 or over, you can take it as cash.

What is the 50% active asset reduction?

The 50% active asset reduction halves whatever is left of your capital gain after capital losses and the general 50% CGT discount. It applies automatically once you meet the basic conditions, with no form and no election. You can choose to switch it off under section 152-205, which puts more of the gain through the retirement exemption instead. On a $1,000,000 gain, the two halvings take it down to $250,000.

What happens if I don't buy a replacement asset after a small business rollover?

The whole deferred amount comes back as a capital gain. This is called CGT event J5, and it happens at the end of the replacement period, which runs from one year before the sale to two years after it. The general 50% discount cannot be used against that gain. The small business concessions can still be claimed against it, as long as the basic conditions are met at that time.

When do I have to choose which small business CGT concessions to claim?

By the day you lodge the tax return for the income year the contract was signed in. That rule is in section 103-25. There is no form to send in: the choice shows in the way the return is prepared, so it cannot simply be added later. The retirement exemption choice must also be made in writing and state the amount you are exempting.

Everything on Small Business CGT

Your estimate is free, and it is a real answer.

Applies the Division 152 basic conditions to your own figures - the $2 million aggregated turnover test, the $6 million maximum net asset value test and the active asset test - then prices every lawful combination of the 15-year exemption, the 50% active asset reduction, the retirement exemption and the small business rollover, and ranks them on what the sale leaves after tax.

Start the Small Business CGT calculator