Death & Taxes – What happens when I die?

Matt Richardson • March 12, 2025

There are some general rules you need to be aware of when preparing your own Estate Planning or having some role in the affairs of a deceased estate.

Inheritance

There is no tax payable on assets which pass from an Estate to a beneficiary in accordance with the deceased’s Will.

Final Tax Return

The deceased taxpayer will be obliged to lodge a final tax return based on assessable income earned between the most recent 1 July and their date of death.

Estate Tax Return

Where the deceased owned significant investment assets (eg rental properties, share portfolio, cash deposits, business interests, etc), the Estate may also be required to lodge a tax return in relation to Estate earnings from the deceased’s date of death to the next 30 June.

Whilst the assets of the deceased remain Estate assets (eg – have not been distributed to beneficiaries), the Estate will continue to be obliged to lodge tax returns.

The Estate will be taxed as a normal individual taxpayer (Medicare Levy does not apply) for up to 3 tax years.

Capital Gains Tax (CGT)

If an Estate disposes of CGT assets prior to distributing to beneficiaries, the Estate is likely to be subject to capital gains tax. The Estate “inherits” the deceased’s CGT cost base for these assets and any taxable capital gain will be included in the Estate’s tax return.

Any CGT assets which are transferred from the Estate to beneficiaries will have future CGT consequences for these beneficiaries, depending on the deceased’s original acquisition date.

  1. Acquisition date after 19 September 1985 – beneficiary “inherits” the same cost base as the deceased.
  2. Acquisition date on or prior to 19 September 1985 – beneficiary deemed to have acquired the CGT asset at market value on the deceased’s date of death.

CGT Exemptions – do exist for the principal place of residence of the deceased, however there are criteria which needs to be met to qualify for the exemption.

Superannuation Taxes

Any death benefits paid to spouses and/or financial dependents are exempt from tax.

However, any amounts paid from superannuation to non-dependants (such as adult children), the ATO will levy tax at 15% + Medicare Levy on the “taxable” portion of the benefit.

Summary

Avoid the potential tax “time bombs” which are ticking in the background, by doing the following:

  1. Keeping accurate CGT records for all investment assets whilst you are alive.
  2. Being aware of how taxes (especially CGT and superannuation death taxes) apply to you and your Estate upon death. There may be strategies you can implement while you are alive to minimise future tax costs.
  3. Do not sell/transfer any assets until you get advice either as an individual owner or as the Executor of an Estate.

More GTP Articles

By Natasha Gardner May 13, 2026
We’re seeing an increase in company clients receiving correspondence that closely resemble ASIC annual company renewal notices . While these notices can look official, they’re often sent by private businesses that are not associated with ASIC. They typically offer optional services at a cost well above the actual ASIC renewal fee. Before paying anything, we recommend taking a moment to check the following:  Who it’s from – Genuine ASIC renewal notices come directly from ASIC, or from our office if we act as your registered agent. The details – Official ASIC correspondence will include your Corporate Key and clear ASIC branding. The tone – These notices often use urgent or threatening language to encourage quick payment. If you receive an invoice or notice and aren’t sure whether it’s legitimate, please contact our office before making payment. We’re happy to review it with you and help ensure you don’t pay for unnecessary services.
By Karen Grainger May 5, 2026
It’s common to inherit land, shares or other investments and assume there won’t be any tax to think about. While inheriting an asset usually doesn’t trigger capital gains tax (CGT) straight away, CGT can become an issue later—particularly when you decide to sell. What affects the CGT outcome? · When the deceased originally acquired the asset (especially whether it was before or after 20 September 1985 ). · What the asset is (a home, an investment property, farmland, shares, a business asset, etc.). · Whether it was ever used to produce income (for example, rented out) or used in a business. · Who owned it and how (for example, owned jointly, or inherited through multiple generations). Questions we commonly ask (because the answers can change the result): · When did the deceased buy the asset? (And was it inherited from an earlier estate?) · Was the asset originally purchased with someone else (for example, a spouse or sibling)? · Was the asset used in a business (and could any small business CGT concessions apply)? As a general rule, there’s usually no CGT event when you inherit an asset . However, if you sell the inherited asset later, CGT may apply—and the calculation often depends on when the deceased acquired the asset and how it was used . If the inherited asset is a home: the main residence exemption may still apply after the owner’s death, but it can depend on things like when the deceased moved out, whether the property was rented, and who lived in the property after death. Cost base (the starting point for CGT): for many inherited assets, your cost base will depend on whether the deceased acquired the asset before or after 20 September 1985 . In broad terms, if the asset was owned by the deceased before that date, the cost base is often the market value at the date of death . If it was acquired after that date, the cost base is generally carried over based on the deceased’s position (with adjustments in some cases). Where the asset is connected to a business, small business CGT concessions may be relevant. If you’re thinking about selling something you inherited, it’s worth getting advice early—before contracts are signed—so we can confirm what records you’ll need and what the CGT position is likely to be.
By Matt Richardson April 30, 2026
It is Federal Budget night on May 12 and even though you may not be an excited accountant or tax agent counting down the days, if you are an investor, it is likely there will be changes announced which will impact you. The change which is likely to be unveiled will be the Albanese Government’s approach to capital gains tax, targeting mainly share and property investors, but will also impact business owners who sell business assets. It is likely the Albanese Government will re-introduce an inflation indexation model for calculating capital gains tax. This proposed change has gained more traction in the media over the last few weeks. Currently, individual taxpayers and trust beneficiaries are able to reduce their capital gains tax on the sale of any capital investment by 50 per cent, providing this investment has been owned for at least 12 months. Please note – superannuation funds receive only a one-third discount. For an individual, this means half the gain is tax free, the remaining half of the gain is taxed at the taxpayer’s marginal tax rate. This discount system on capital gains has been in place since 1999. Capital gains tax (CGT) was introduced in 1985 and is applied to realised gains and losses on assets acquired after 19 September 1985. If an asset was purchased prior to the introduction of CGT, then it is exempt from CGT when sold. From 1985 to 1989 an indexation system was used where inflation factors were applied to the original cost, so only the “real/after inflation” gain was taxed. At this stage there has been no indication whether the changes, if introduced, would be grandfathered, to spare existing investors from any initial pain.
By Kathryn Hamilton April 15, 2026
Keeping a car logbook is an important part of managing your vehicle expenses, especially if you’re looking to maximise your tax deductions and GST claims or reduce your FBT liability. The Australian Taxation Office requires you to keep a logbook for a minimum continuous period of 12 weeks to establish your business-use percentage. Each trip should include the date, start and end times, kilometres travelled, and the purpose of the journey. Your logbook needs to reflect your typical vehicle use and can generally be relied on for up to five years, as long as your usage doesn’t significantly change. You’ll also need to record your vehicle’s odometer readings at the start and end of each FBT year and financial year. For many small business owners and tradies, keeping a car logbook is necessary but often pushed aside during busy workdays. Manually recording trips can be time-consuming, and it’s easy to forget details after the fact. There are now several apps available that reduce the manual effort of keeping a logbook. One we often recommend, which complies with ATO requirements, is Driversnote. Driversnote is designed to simplify the process by using GPS tracking to automatically record trips. This helps ensure journeys are logged consistently without relying on manual entry. Trips can be easily categorised as business or personal, and the app generates reports that align with ATO logbook requirements. This can make it easier to stay organised and provide accurate information at tax time. The app also stores data securely and keeps a history of trips, which can be useful if you ever need to review your records. For those who regularly use their vehicle for work, tools like Driversnote offer a practical way to maintain a logbook without the usual hassle—helping keep everything accurate, organised, and in one place. If you’re unsure whether a logbook is right for your situation, contact us— one of our team can help you work out the best way to track your vehicle use and ensure your records are accurate for FBT and tax time.
By Jessie Nippers April 7, 2026
The Federal Government has once again extended the $20,000 instant asset write-off , providing continued support for small businesses looking to invest and grow. Under the latest legislation, eligible businesses can access the $20,000 threshold for assets first used or installed ready for use between 1 July 2025 and 30 June 2026 . This extension means businesses can continue to immediately deduct the full cost of qualifying assets, rather than depreciating them over several years. How the write-off works The instant asset write-off allows small businesses with an aggregated turnover of less than $10 million to claim an immediate deduction for assets costing less than $20,000 (excluding GST). The threshold applies on a per-asset basis , meaning multiple assets can be written off, provided each individual item is under the limit. Eligible assets can include tools, equipment, vehicles (subject to other limits), and office technology. Both new and second-hand assets may qualify, provided they are used for a business purpose. A critical point often missed is timing. It’s not enough to purchase an asset before 30 June— it must be installed and ready for use by that date to qualify for the deduction. What happens to assets that are above $20,000? If an asset exceeds the $20,000 threshold, it cannot be immediately written off in full. Instead, it is allocated to the small business general depreciation pool and depreciated over time. Under current rules, assets in this pool are typically depreciated at 15% in the first year and 30% in each subsequent year (on a diminishing value basis). This means the tax deduction is spread across multiple years rather than claimed upfront. Why the extension matters This measure continues to deliver meaningful cash flow benefits. By bringing forward deductions, businesses can reduce taxable income in the current year, freeing up funds for reinvestment or day-to-day operations. However, the extension is temporary. From 1 July 2026 , the threshold may revert back to just $1,000 unless further legislation is passed.  This ongoing uncertainty makes forward planning essential so talk to your accountant today to plan ahead.
More Posts