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Jason Mack

Jason Mack

19.06.2026

The 2026 EOFY CGT Washout

CGT . Investors

Tax-loss selling in June is a familiar ritual for Australian investors, but the Albanese Government’s proposed tax overhaul in the May 2026 Budget has dramatically raised the stakes.

While the legislation replacing the 50% Capital Gains Tax (CGT) discount with a 30% minimum tax on real gains is still before the Senate, wealth managers and institutional investors are already acting as if the July 2027 transition is a foregone conclusion.

However, this transition is not entirely guaranteed. Recent political friction has intensified, with the Greens warning the government that there is still a long way to go before they secure the minor party votes needed to pass the bill through the Senate.

Against a backdrop of gold sustaining near-record highs and a battered, highly volatile battery metals sector, this End of Financial Year presents a complex “use it or lose it” calculus.

For those sitting on substantial paper profits in ASX gold equities or carrying heavy underwater positions from the 2023 lithium boom, the looming tax shift is forcing a critical, time-sensitive reassessment of portfolio risk, capital rotation, and the true cost of holding speculative junior explorers.

The urgency driving this year’s portfolio rebalancing stems from the mechanics of the proposed Treasury Laws Amendment (Tax Reform No. 1) Bill 2026. If passed, the legislation will scrap the longstanding 50% CGT discount for assets held over 12 months, replacing it with an inflation-indexed cost base and a strict 30% minimum tax floor effective July 1, 2027.

The government notably carved out new residential property from these CGT changes to protect housing supply. More recently, the Prime Minister announced further concessions exempting certain small businesses and innovative startup founders from the overhaul.

However, because these new carve-outs strictly target small active enterprises and early-stage tech innovations, the broader equities market including mining and resource stocks will still face the full brunt of the reforms as they currently stand.

While existing assets will have their pre-2027 gains grandfathered under the old rules, investors should not be complacent. For assets held past July 2027, only the gains accrued up to July 1, 2027, will receive the 50% discount, while any subsequent capital growth on those exact same assets will immediately trigger the new indexation rules and the 30% minimum tax.

This EOFY represents one of the last clean windows to offset deep legacy losses against massive current gains before the transition period introduces more complex, multi-tiered accounting for capital growth.

The mining sector currently perfectly encapsulates this dual reality. On one side of the ledger sits gold. Following its historic surge past US$4,300 an ounce earlier this year, the precious metal remains stubbornly elevated above US$4,100/oz. Consequently, many retail and institutional investors are sitting on substantial unrealised paper profits in ASX-listed gold producers.

On the other side sits the battery metals hangover. While Australian spot spodumene has recovered steadily through early 2026, many retail investors who bought into the lithium, nickel, and rare earths hype at the absolute peak of the 2022/2023 cycle are still carrying heavy underwater positions.

The strategic question now is mathematical: Does it make sense to harvest those losses right now to offset the realisation of massive gains under the existing, highly favourable 50% discount rules? Despite calls from industry groups and the political opposition to scrap the legislation entirely, labelling it a “tax on growth,” the lack of mining-specific exemptions means resource investors cannot afford to wait out the political gridlock.

If this tax-loss selling unlocks a wave of capital, a crucial question for FY27 is where that money parks. The impending 30% minimum tax floor structurally reduces the long-term appeal of high-risk, zero-yield capital growth plays. Instead, market analysts anticipate a structural rotation toward mid-tier, cash-flowing producers. If the government is going to take a larger slice of capital growth, investors will inevitably be lured to immediate, fully franked dividends to compensate. This June, the rush to balance the books may just be the opening act of a much larger migration from speculative mining capital to defensive yield.

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