Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (49 of 2026)
Schedule 1 CGT adjustments
Part 1 Main amendments
Income Tax Assessment Act 1997
36 At the end of section 115-125
Add:
Indexation may be able to be chosen as an alternative
(6) If the percentage that would result from this section for you and the *discount capital gain is 60%, then, despite subsection (2), the following person may choose for this section not to apply to the discount capital gain:
(a) if you make the discount capital gain in the way described in subparagraph (2)(b)(i) - you;
(b) if you make the discount capital gain in the way described in subparagraph (2)(b)(ii) - the trustee of the trust.
Such a choice by the trustee applies to you in a similar way to a choice made by you for a gain covered by paragraph (a).
Note: Instead, the cost base of the CGT asset may be able to be indexed (see subsection 110-36(1A)).