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CGT and 30 June 2027

Does the 30 June 2027 rule apply to a partnership?

Not to the partnership itself, but often to its partners. Each partner makes capital gains individually on their share of each partnership asset.

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Short answer

Not to the partnership itself, but often to its partners. Each partner makes capital gains individually on their share of each partnership asset. On our reading, Australian resident individual partners, and trust partners with eligible beneficiaries, are treated as selling and buying back that share at its 30 June 2027 market value. Company partners generally are not.

The rule looks at each partner, not the partnership

A partnership does not pay tax on its capital gains. Under the CGT rules, a gain on a partnership asset, such as goodwill, plant or a lease, is made by the partners individually, in the shares set by the partnership agreement (or by partnership law if there is no agreement). Each partner holds their own interest in each partnership asset, with its own cost base.

The ATO describes the 1 July 2027 change as replacing the 50% CGT discount for individuals, trusts and partnerships. But the transitional rule that sets a 30 June 2027 market value has no separate section for partnerships. It works through the partners, so the useful question is which of the partners it reaches.

How the 30 June 2027 rule reaches different partners (general information, on our reading of the Act)
PartnerDoes the rule reach their share?
An Australian resident individualYes, on our reading, for their share of partnership assets held through 30 June 2027, unless they have been a foreign or temporary resident since 8 May 2012.
A trust, such as a family trustYes, if at least one beneficiary could make a discount capital gain.
A private companyGenerally no. Companies cannot use the 50% CGT discount, so the rule that preserves it does not apply. Assets acquired before 20 September 1985 (pre-CGT assets) are the exception.
A foreign or temporary resident individualGenerally no.

This answer is about ordinary partnerships, such as a professional practice or family business run by partners. Some limited partnerships are taxed like companies, so check which kind you have with your tax adviser.

Could 30 June 2027 matter for you?

Five quick questions. No names or contact details. General information only, not tax advice.

Question 1 of 5: Who owns the business?

Whoever holds the business assets, or the shares or units in it. Sole traders: choose me personally.

General information about the 1 July 2027 CGT changes, not tax advice. We value businesses and business interests; your tax adviser applies the law to your circumstances.

When the partners are different kinds of entity

Many partnerships mix partner types: a couple as individuals, or a family trust beside a company. Then the same business can be inside the rule for some partners and outside it for others.

Each affected partner, with their own tax adviser, uses market value unless they choose an apportioning method, once one is made. That choice is made with the tax return for the year the interest is later sold, so partners in the same business can choose differently.

What a valuer values for a partnership

Where a partner's adviser decides market value suits, the usual starting point is one valuation of the partnership business as at 30 June 2027, with each partner's share set out from it under the partnership agreement. Goodwill is often the largest asset in a practice or trading partnership. Because each partner holds an interest in each asset, the report should show how value sits across goodwill and the other assets, not just one total.

  • The signed partnership agreement, including how capital, profits and goodwill are shared
  • Financial statements to 30 June 2027, once they are prepared
  • A list of partnership assets and roughly when each was acquired
  • Who each partner is: an individual, a trust or a company

We charge one fixed fee of $999 + GST for a full valuation report on one business or ownership interest with annual turnover under $10 million. The fixed fee applies once we confirm the interest, purpose, structure and records fit the fixed-fee scope. Anything outside it is quoted in writing before we start. A valuation as at 30 June 2027 is prepared after that date, once your records to 30 June 2027 are available. You can book your place now.

We value businesses and business interests. We do not give tax advice: whether a partner needs a valuation, or may use an apportioning method once one is made, is a question for their tax adviser.

Related questions

Can one valuation cover all the partners?

Often, yes. One valuation of the partnership business as at 30 June 2027 can set out each partner's share, following the partnership agreement. The engagement letter confirms exactly which interests are valued. The fixed fee applies once we confirm the interest, purpose, structure and records fit the fixed-fee scope. Anything outside it is quoted in writing before we start.

Does a partner pay tax at 30 June 2027 because of the rule?

No. On the wording of the Act, the gain or loss to 30 June 2027 is deferred until the partner later sells. The 50% CGT discount can still apply to that earlier part if the usual conditions are met. Your tax adviser confirms how this applies to you.

Sources

  1. Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026), Federal Register of Legislationlegislation.gov.au
  2. Income Tax Assessment Act 1997, section 106-5 Partnerships (ATO legal database)ato.gov.au
  3. Income Tax Assessment Act 1997, section 108-5 CGT assets (ATO legal database)ato.gov.au
  4. Income Tax Assessment Act 1936, section 94J corporate limited partnerships (ATO legal database)ato.gov.au
  5. ATO, Tax reform: boosting home ownership, reforming negative gearing and capital gains taxato.gov.au
  6. ATO, CGT discountato.gov.au
  7. Treasurer, Consultation on next tranche of tax reform legislation (4 August 2026)ministers.treasury.gov.au

Updated

General information only, not advice about your circumstances. A valuation depends on the facts of the business and the purpose it is for.

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