# Family trusts and the 30 June 2027 CGT change URL: https://valuationday.com.au/family-trusts Reviewed: 2026-10-24 **Short answer:** Family trusts are generally covered by the CGT change from 1 July 2027. If a trust still holds an asset, the law treats the trustee as selling it on 30 June 2027 at market value, so the gain to that date can stay eligible for the 50% discount on a later sale. Conditions apply. Reviewed 24 October 2026. Valuation Day is our name for 30 June 2027, not an official term. This page reflects the law at 24 October 2026. A Bill introduced on 14 October 2026 would change some deemed-sale conditions, but it is not law. ## Does the 30 June 2027 change apply to family trusts? Generally yes, with exceptions. From 1 July 2027, the 50% capital gains tax (CGT) discount for individuals and trusts no longer applies to the part of a gain that accrues (builds up) on or after 1 July 2027 ([ATO](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/capital-gains-tax-reform); ITAA 1997 s 115-100). This page uses "family trust" for a trust that holds assets for a family, such as a discretionary trust, where the trustee (the person or company holding the assets) decides which beneficiaries receive income or capital. If the trust still holds an asset, the law generally treats the trustee as selling it just before 1 July 2027 at market value and buying it back, a "deemed sale" (ITAA 1997 s 112-165). Market value is the price a willing, informed buyer and seller would agree on, with neither forced to deal ([ATO](https://www.ato.gov.au/law/view/document?DocID=SGM/market_val)). Nothing is actually sold. Any gain waits until a later CGT event, such as a sale, and the part up to 30 June 2027 is generally still eligible for the 50% discount then (s 112-170). The law also lets the Minister make a formula, an [apportioning method](https://valuationday.com.au/guides/valuation-or-apportioning-method), that a trustee could choose instead of market value (s 112-165(3), s 112-185). It had not been made at 24 October 2026, and the August 2026 draft would cover only real property and assets without a readily ascertainable market value. If it is made and fits, the choice can wait until the trust lodges its return for the year of the later sale (s 112-165(4), s 103-25). ## Which trust assets are covered? An asset is covered only if it meets all these conditions (ITAA 1997 s 112-165(1)): - The trustee acquired it before 1 July 2027 and held it to the end of 30 June 2027. - The trustee keeps holding it until a later CGT event, such as a sale, happens on or after 1 July 2027 (a "realisation event", s 977-5). - It is not a pre-CGT asset (broadly, acquired before 20 September 1985); those have their own deemed sale (s 112-175). - At least one beneficiary could make a discount capital gain (a gain the CGT discount can apply to) from their share of a gain on that later event, without the foreign or temporary resident rules applying (s 115-110, s 115-120). - It is not a new residential dwelling that meets the law's tests (s 115-102) or affordable housing (s 115-125), where those rules apply to the gains of all the beneficiaries. Ask the trust's accountant whether each asset qualifies. The Treasurer said the 14 October 2026 Bill, which is not law, would clarify CGT treatment for a range of trust structures ([Treasurer, 14 October 2026](https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/tax-reform-fairer-tax-system)). ## What if the trustee is a company? The trust rules generally still apply, because tax law treats a company acting as trustee as a different entity in that role (ITAA 1997 s 960-100(3) and (4)). So assets held by "ABC Pty Ltd as trustee for the ABC Family Trust" generally fall under the trust rules (s 112-165). A company's own assets are different: companies never had the 50% discount (s 115-10), and the main deemed-sale rules do not apply to a company's own assets, except its pre-CGT assets, which get their own deemed sale (s 112-175). ## Does it cover property, a business and shares? Yes, if the conditions are met: each asset is looked at separately (ITAA 1997 s 108-5, s 112-165). - **Property:** each rental, holiday or commercial property. - **A business run by the trust:** its CGT assets one by one, such as goodwill (s 108-5(2)(b)). Trading stock and most depreciating assets are dealt with outside CGT (s 118-24, s 118-25). - **Shares and units:** shares in a company, including a private company, and units in a unit trust. ## What can a trustee get valued? If a value may be useful, there are two paths, which can be combined. A value as at today can be prepared now; the 30 June 2027 value is prepared after that date. - **Business, shares or trust units:** the CGT 2027 Valuation Package, $1,995 + GST, turnover under $2 million, signed planning valuation now plus the update to 30 June 2027 included. One valuation date only: $1,495 + GST. Turnover of $2 million or more: fixed fee confirmed in writing on the first call. See [Oliver Group's 30 June 2027 business valuations](https://olivergroup.com.au/cgt-2027-business-valuation/). - **Property (investment, holiday or commercial):** valued and signed by a property valuer, never by Oliver Group. The fee is quoted in writing before any work begins. - **Both:** $300 off the Oliver Group business fee when a property is added. ## Questions people ask ### Does the 30 June 2027 CGT change apply to family trusts? Generally yes. If a family trust still holds an asset on 1 July 2027, the law treats the trustee as selling it just before that date at market value, so the gain up to 30 June 2027 can stay eligible for the 50% CGT discount on a later sale. Conditions apply, including one about beneficiaries. ### Our family trust's trustee is a company. Do the company rules apply? Generally not. Tax law treats a company acting as trustee as a separate entity in that role, so assets it holds for a family trust fall under the trust rules, including the 30 June 2027 deemed sale where its conditions are met (s 960-100). The company's own assets generally sit outside those rules. ### Can a family trust get its 30 June 2027 valuation now? No. The ATO said on 19 October 2026 that a 30 June 2027 valuation should not be obtained before that date, because a valuation can't be forward-looking, and that one is not required to be in place on the date. A value as at today can be prepared now. ### Is the 30% trust minimum tax part of the 30 June 2027 change? No. The proposed 30% minimum tax on discretionary trusts from 1 July 2028 is a separate proposal from the 30 June 2027 CGT change. At 24 October 2026 it is in Bills introduced to Parliament on 14 October 2026 and is not law. Ask your accountant before acting on it. ## Next step Tell us what the trust holds. **[Value both](https://valuationday.com.au/get-valued?path=both)** or call 03 8375 4177. - The fee is fixed in writing before any work starts. - Business reports signed by Jackson Wilson, Oliver Group. - Property valued and signed by a property valuer, never Oliver Group. The ATO says you don't need a valuation in place on the day. We'll tell you if one may be useful for you. Value both: https://valuationday.com.au/get-valued?path=both. Phone 03 8375 4177. ## Related - [Property valuations](https://valuationday.com.au/property) - [Business, shares and trust units](https://valuationday.com.au/business) - [Private company shares](https://valuationday.com.au/shareholders) - [What changes from 1 July 2027](https://valuationday.com.au/cgt-changes-1-july-2027) - [Treated as sold and bought back, explained](https://valuationday.com.au/guides/deemed-sale-market-value) - [Value both](https://valuationday.com.au/get-valued?path=both) ## Sources - [Income Tax Assessment Act 1997, s 103-25](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 108-5](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 112-165](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 112-170](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 112-175](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 112-185](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-10](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-100](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-102](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-110](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-120](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 115-125](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 118-24](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 118-25](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 960-100](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, s 977-5](https://www.legislation.gov.au/C2004A05138/latest/text) - [ATO, Capital gains tax reform (published 13 October 2026, QC 108170)](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/capital-gains-tax-reform) - [ATO, Market valuation for tax purposes (guide, current at February 2025)](https://www.ato.gov.au/law/view/document?DocID=SGM/market_val) - [ATO, CGT reform: guidance and market valuations, tax professionals newsroom (published 19 October 2026, QC 108200)](https://www.ato.gov.au/tax-and-super-professionals/for-tax-professionals/tax-professionals-newsroom/cgt-reform-guidance-and-market-valuations) - [ato.gov.au/about-ato/new-legislation/in-detail/businesses/tax-reform-introducing-a-minimum-tax-on-discretionary-trusts](https://www.ato.gov.au/about-ato/new-legislation/in-detail/businesses/tax-reform-introducing-a-minimum-tax-on-discretionary-trusts) - [ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/tax-reform-fairer-tax-system](https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/tax-reform-fairer-tax-system) - [Parliament of Australia, Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7555) - [Parliament of Australia, Treasury Laws Amendment (Tax Reform No. 3) Bill 2026](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7554) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 115-100(a), (aa) and (ab)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-160(3) and note 3, s 112-170(3) and note 3](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-155](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-165](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-155(1)(a), (d) and (e), s 112-165(1)(a), (d) and (e)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Parliamentary Library, Bills Digest No. 24, 2026-27, Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and related Bill (22 October 2026)](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2627/27bd024) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-175, s 104-10(5), s 149-10 (note 2), s 4-5](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-160(2) to (4), s 112-170(2) to (4)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-185, s 112-155(3)(b)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 112-155(4) and note 2, s 112-165(4), s 112-175(4), s 103-25(1) and (2)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Federal Register of Legislation, search for "apportioning capital gains" on 24 October 2026 (only the Act and the amending Act; no instrument)](https://www.legislation.gov.au/search/text(%22apportioning%20capital%20gains%22,nameAndText,contains)/pointintime(Latest)) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 115-10, s 110-36(1A), s 119-10(1), s 112-155, s 112-165, s 112-175](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 960-100(3) and (4)](https://www.legislation.gov.au/C2004A05138/latest/text) - [Income Tax Assessment Act 1997, compilation No. 268 (1 October 2026), s 108-5 (note 1), s 112-155, s 112-165](https://www.legislation.gov.au/C2004A05138/latest/text) - [Valuation Day, Packages](https://valuationday.com.au/packages) - [Valuation Day, Property](https://valuationday.com.au/property) Reviewed 2026-10-24. Valuation Day is an education platform by Valuo. Valuations are by Oliver Group, part of Valuo. Oliver Group is operated by Valuation Group Pty Ltd, ABN 48 702 469 252. Not a government website and not affiliated with the ATO. Oliver Group provides valuation services only. Obtain taxation advice from your accountant or tax adviser. General information only, not tax advice.