• Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia

Author: admin

Why the Budget’s CGT reforms could affect what your family actually inherits

Federal Budget 2026–27 has proposed the most significant overhaul of Australia’s capital gains tax (CGT) regime in nearly three decades. If passed, from 1 July 2027, the 50% CGT discount that has shaped how Australians invest for a generation will be replaced by cost base indexation and a 30% minimum tax on capital gains. The changes extend well beyond investment property and into shares, business interests and the assets people leave behind. For Gold Coast families where property investment runs deep and many estates include a mix of assets, the implications are real – and worth understanding now. What is changing and when The Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 passed the House of Representatives on 4 June 2026 and is currently before the Senate. If passed, the 50% CGT discount would be abolished for gains accruing from 1 July 2027. In its place, the government is introducing: The changes apply to all CGT assets, not just residential property. Investment properties, shares, business interests and assets held in family trusts are all within scope. Gains that accrued before 1 July 2027 will continue to be assessed under the 50% discount. For tax purposes, assets are treated as though they were sold and repurchased on that date, splitting the gain between the old rules and the new ones. The deemed disposal itself does not trigger a tax liability – it is a technical mechanism for separating the two periods, not a taxable event. How CGT works with deceased estates in Queensland Under current Australian tax law, assets do not automatically attract CGT when they pass to a beneficiary on death. The tax is deferred. For an investment property, the beneficiary generally inherits the asset at the original purchase price paid by the deceased, and CGT only becomes payable when they later sell. In Queensland, the Succession Act 1981 (Qld) governs how estates are administered, though the tax treatment of inherited assets is a matter of federal law. The ATO has a number of useful examples of how CGT will apply to inherited assets here: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/inherited-assets-and-capital-gains-tax/cost-base-of-inherited-assets This is where the Budget’s changes become relevant. If a beneficiary inherits an investment property, a parcel of shares or a business interest and then sells it after 1 July 2027, then subject to final legislation, a 30% minimum tax would apply to the gain accruing from that date. The 50% discount that the deceased may have been counting on to reduce the tax burden would no longer be available for that post-2027 component. This is an area where specialist wills and estates lawyers can help families understand the implications before they arise. The impact on investment properties, shares and business interests Investment properties Gold Coast property has delivered strong capital growth over the past decade, and many families hold investment properties as a core part of their estate planning. Under the new regime, gains accruing from 1 July 2027 would be subject to the 30% minimum tax regardless of how long the property has been in the family. Property lawyers on the Gold Coast are well placed to advise on how these transitional rules apply to a specific estate. Shares and other investments Shares and exchange-traded funds (ETFs) held outside superannuation are also caught by the changes. There are early indications that investors are already pivoting toward income-producing assets such as bonds, fixed income and high-yield shares, in anticipation of the new rules reducing the tax advantage of chasing capital growth. Where a will leaves a share portfolio to a beneficiary, the tax treatment of those shares on eventual sale will shift Business interests The Australian Industry Group has warned that the reforms “retrospectively apply higher tax rates to existing investments”, a concern that applies equally to business succession planning. Business owners who plan to pass a business to family members, or who hold business assets through a trust, face added complexity. The existing small business CGT concessions remain in place, and whether they apply in a particular situation is worth confirming with a Gold Coast business lawyer or tax adviser. What this means for your will and estate plan Wills drafted on the assumption that beneficiaries would sell inherited assets under the 50% discount regime may not deliver the outcome the person who wrote the will intended. The tax a beneficiary pays on selling an inherited investment property or share portfolio after 1 July 2027 could be meaningfully higher than it would have been under current law, reducing what the family actually receives. Reviewing your will with estate lawyers before the rules change is a practical first step. Some of the questions worth considering now include: The ATO’s guidance on deceased estates and CGT provides a starting point, though these are questions that benefit from specific advice from a Gold Coast solicitor and a tax professional. Superannuation and estate planning on the Gold Coast Superannuation sits outside the estate and is not governed by a will. It passes according to a death benefit nomination lodged with the super fund. Complying superannuation funds are not subject to the new 30% minimum tax and retain the existing one-third CGT discount, and Age Pension recipients are also exempt. However, when super death benefits are paid to non-dependent beneficiaries such as adult children, a portion of the payout may be taxable in their hands. Combined with the new CGT treatment of assets held outside super, the relative tax advantage of keeping investments inside superannuation would be likely to increase if the legislation passes. Coordinating superannuation and estate planning is increasingly complex, and a Gold Coast lawyer experienced in wills and estates can help families structure their affairs effectively. Now is the time to review your estate plan What looked like settled tax rules for a generation are now shifting. From 1 July 2027, the tax a beneficiary would pay when selling an inherited investment property, shares or business interest could be substantially higher than it would have been under current law, and wills or

Airbnb bans are spreading. What are the rules for short-term rentals on the Gold Coast?

Short-term rental restrictions are tightening across Australia as governments grapple with housing affordability, rental shortages and community complaints linked to Airbnb-style accommodation. Sydney is now investigating further restrictions on non-primary residence short-term rentals, while Byron Bay and Melbourne have already introduced caps, levies or permit systems. While the Gold Coast remains one of the more flexible short-term rental markets in Australia, planning rules, body corporate by-laws, insurance requirements and local council approvals can all become relevant depending on how the property is used. Property owners dealing with those issues often seek advice from property lawyers on the Gold Coast familiar with Queensland planning and development laws. Queensland laws treat short-term accommodation differently from ordinary residential use, and the rules can vary depending on where the property is located, how often it is rented and whether the owner lives onsite. Why are councils cracking down on Airbnb properties? Short-term accommodation has become a major political and planning issue in many tourist areas. Critics argue that converting residential homes into holiday accommodation reduces long-term rental supply and contributes to higher rents. The City of Sydney is currently considering stricter controls on Airbnb-style accommodation in some areas, following earlier restrictions introduced in New South Wales, including a 180-day cap on non-hosted short-term rentals in Greater Sydney. Other councils and state governments have introduced levies, permit systems or restrictions in response to rental shortages. That broader shift towards tighter regulation is also shaping discussions in Queensland, particularly in tourism-heavy regions such as the Gold Coast, where housing supply pressures and tourism demand continue to create tension. Gold Coast property owners are already operating in a market under increasing scrutiny. According to 2023 data reported by the ABC, there were more than 11,000 registered Airbnb properties on the Gold Coast – a figure that has since fallen to around 6,100 active listings as some owners moved properties back into the long-term rental market as bookings softened and interest rates rose. What counts as short-term accommodation in Queensland? Understanding how Queensland law defines short-term accommodation is important because different rules apply depending on how the property is being used. Under the Planning Regulation 2017 (Qld), short-term accommodation generally means providing accommodation for less than three consecutive months to tourists or travellers. The Gold Coast City Council treats short-term accommodation as a tourism and entertainment activity rather than a residential activity. That distinction is important because different planning rules apply depending on how the property is being used. Queensland law also distinguishes between: Those categories can affect everything from development approval requirements through to enforcement action and neighbour complaints. Renting out a spare room while living onsite may fall within home-based business rules. Renting out an entire property to guests on a recurring basis is more likely to be treated as short-term accommodation requiring approval. Owners uncertain about approval requirements sometimes seek guidance from a commercial lawyer on the Gold Coast experienced in planning and property matters. Do Gold Coast Airbnb properties need council approval? The answer often depends on zoning, intensity of use and whether the property is hosted or unhosted. The Gold Coast City Plan states that short-term accommodation is code assessable in certain zones, including parts of: Outside those areas, the use may become impact assessable, which means the proposal can require public notification and allow neighbours to lodge submissions. Council scrutiny can also increase where a property begins operating more like commercial visitor accommodation than a traditional residence. In those situations, council approval may also be required where: Gold Coast City Council also warns that using a dwelling for short-term accommodation without the necessary development approval may amount to a development offence. In some cases, disputes about approvals or property use may require assistance from a property litigation lawyer. Hosted vs unhosted stays One of the biggest distinctions under Queensland planning rules is whether the property is hosted or unhosted. Hosted stays generally involve the owner remaining onsite while guests occupy part of the property. Some Gold Coast planning guidance suggests owner-occupied properties hosting four or fewer guests may fall within home-based business provisions rather than requiring formal short-term accommodation approval. Unhosted stays, where guests occupy the entire property while the owner is absent, are more likely to trigger Material Change of Use approval requirements under the Gold Coast City Plan. In practice, councils often look beyond the listing itself and focus on how the accommodation affects surrounding residents and the neighbourhood. Issues such as frequent guest turnover, noise complaints, parking pressure and high-intensity operation can all increase enforcement risk. Can a body corporate ban Airbnb on the Gold Coast? Apartment owners should not assume council approval is the only issue. Body corporate by-laws, management agreements and Community Management Statements can all affect whether short-term accommodation is practical or lawful within a building. This is particularly relevant on the Gold Coast, where many short-term rentals operate within apartment complexes and mixed-use developments. Queensland law has historically been more favourable to short-term letting than some other states. Section 180 of the Body Corporate and Community Management Act 1997 (Qld) limits the ability of body corporates to impose blanket bans on lawful residential use. However, body corporates may still regulate: As a result, even where short-term accommodation is technically permitted, disputes can still arise if guest behaviour regularly disrupts other residents or breaches building by-laws.Disputes often arise where short-term accommodation creates repeated disturbances or where the building was not originally approved for tourism-style use. What other legal requirements apply? Planning approval is only one part of the compliance picture for short-term rental operators on the Gold Coast. Operating a short-term rental property on the Gold Coast may also involve: Gold Coast local laws require rental accommodation operators to hold at least $10 million in public liability insurance. Queensland’s smoke alarm laws are also becoming stricter. All dwellings must have interconnected photoelectric smoke alarms installed by 1 January 2027.Failure to comply with those obligations can expose owners to both financial penalties and potential legal disputes

Why You Need a Gold Coast Business Lawyer When Starting a Company

Starting a business on the Gold Coast is an exciting step, but many new business owners underestimate the legal complexities involved. That’s because establishing a business involves far more than registering a business name and obtaining an Australian Business Number (ABN). Queensland has its own regulatory environment that operates alongside federal law, meaning new businesses must navigate requirements at both levels. Depending on the nature of the business, this may include company registration requirements, employment and workplace laws, industry-specific licences and local Gold Coast City Council approvals. Working with experienced Gold Coast business lawyers from the outset can help you avoid costly mistakes and establish the right foundations for long-term success. Here are four areas business lawyers can assist you with when starting a new business. Choosing the right business structure One of the first decisions you’ll make when starting a business is choosing an appropriate business structure. The structure you select can affect everything from taxation and day-to-day management to personal liability and future growth opportunities. The most common business structures in Australia are: Each carries different legal, financial and tax implications, and what works for one business may not be suitable for another. Choosing the wrong structure can create unnecessary risks and costs that may be difficult to reverse later. For example, a sole trader structure is the simplest to set up, but it offers no legal separation between your personal and business assets. As a result, you may be personally liable for business debts and legal claims. A partnership shares that exposure across multiple individuals, while a trust structure introduces additional complexity around control and distributions. A company structure, on the other hand, provides limited liability protection but comes with greater regulatory obligations, including registration with the Australian Securities and Investments Commission (ASIC). Complying with Queensland licences, permits and local approvals Before you open for business, you need to be confident that your business satisfies all federal, state and local requirements. Depending on your industry, you may need to obtain licences or permits from the Gold Coast City Council. These can cover everything from signage and outdoor shade structures to building renovations and environmental considerations. At the state level, Queensland regulates a wide range of industries through licensing and registration requirements. Certain trades and professions, including construction, real estate and some health services, must obtain the appropriate licences or registrations under Queensland legislation before they can legally operate. The type of business may also require specific licences and permits. For example, food and hospitality businesses typically require food business licences and compliance with food safety regulations. If you’ve never operated a business on the Gold Coast, navigating all of these requirements can be overwhelming. That’s why commercial lawyers on the Gold Coast are so important when setting up a business. They will identify the licences and approvals your business needs and assist with all the relevant paperwork, saving you time and ensuring your business opens its doors fully compliant. Putting the right contracts and agreements in place Protecting your business means putting the right legal foundations in place from the outset. Contracts and agreements establish clear expectations between business partners, customers, suppliers and employees, reducing uncertainty and providing a mechanism for resolving disagreements if they arise. Before you begin trading, it is worth putting the following in place: Many lawyers in litigation will tell you that a significant proportion of the disputes they encounter could have been avoided with proper documentation from the outset. Once you start trading, your business will rely on a range of contracts to protect its interests and manage risk. These include: Poorly worded contracts – or no contracts at all – can put your business at serious risk legally, financially and reputationally. Having a business lawyer review or draft these documents can prevent disputes from escalating into costly legal action. Reviewing and negotiating commercial leases Securing premises is one of the first major commitments you’ll make – and one of the most legally significant. Commercial leases are long-term, binding agreements that may contain clauses restricting certain activities or providing greater protection to the landlord. If you are leasing retail premises on the Gold Coast, the Retail Shop Leases Act 1994 (Qld) provides important protections for tenants, including disclosure obligations on landlords and specific rules around rent reviews and lease renewals. Before entering into a lease, you should carefully review important terms such as: A Gold Coast commercial leasing lawyer can review the lease before you sign, identify unfavourable terms and negotiate on your behalf. Commercial lease solicitors can also help you understand your rights and obligations as a tenant under Queensland law. Why local experience matters Starting a business on the Gold Coast is a significant investment of your time and money. Getting the legal foundations right from the start – your structure, contracts and compliance – means you can focus on building your business rather than correcting preventable mistakes later. Working with local Gold Coast business lawyers provides the added benefit of Queensland-specific advice and an understanding of the Gold Coast business environment. If you have been searching for a lawyer for business near me, look no further than QBM Lawyers. Our experienced Gold Coast business lawyers advise new and established businesses on a wide range of commercial law matters, from business structures and contracts to leasing and compliance. For help starting a business, contact the team today. Frequently Asked Questions Aren’t business lawyers just for large corporations? Not at all. In fact, small businesses often have the most to gain from early legal advice. Without the resources to absorb costly disputes or regulatory penalties, getting things right from the start is even more important. How much will it cost to use a business lawyer when starting my company? Costs vary depending on the complexity of your business and the legal services required. Many Gold Coast business lawyers offer fixed-fee arrangements for common start-up services, such as company registration, business structure advice, shareholder agreements and commercial contracts. Can I change

How a Gold Coast Caveat Lawyer Can Protect Your Property Rights

Property ownership on the Gold Coast is one of the most significant financial commitments most people will ever make. Whether you are buying a family home in Broadbeach Waters, investing in a development site at Coomera, or managing a commercial portfolio in Southport, protecting your legal interest in that property is critical. A useful tool for doing so – particularly where there is a dispute – is a caveat. If your property rights are at risk, or if you have received notice that a caveat has been lodged against your title, acting quickly is essential. A Gold Coast caveat lawyer can help you understand your options, assert your rights and move through Queensland’s property law system without being caught off guard. What is a caveat and how does it work in Queensland? A caveat is a formal notice lodged with the Queensland Titles Registry that alerts third parties to a person’s claimed interest in a property. It is governed by the Land Title Act 1994 (Qld). Once lodged, it effectively “freezes” certain dealings with the land, such as a sale or further mortgage, until the caveat is resolved. Caveats are most commonly used to protect: Under Queensland law, you must have a genuine “caveatable interest” (a legally recognised claim to the land) before lodging a caveat. Lodging one without proper grounds can expose you to a compensation claim under section 130 of the Land Title Act 1994 (Qld). This is why obtaining proper legal advice before acting is so important. Why do you need a Gold Coast caveat lawyer? Caveat law crosses various aspects of property law, equity and civil procedure, and the consequences of getting it wrong can be severe. Here is how a Gold Coast caveat lawyer can help at each stage of the process. Understanding your caveatable interest Not every dispute about property gives rise to a caveatable interest. A skilled property litigation lawyer will assess whether your circumstances – a broken promise, a financial contribution, a constructive trust argument – meet the legal threshold required under Queensland law. Getting this wrong can be costly. Lodging a caveat correctly The Queensland Titles Registry has specific requirements for how a caveat must be drafted and lodged. An experienced Gold Coast solicitor will ensure the nature of your claimed interest is correctly described and that the caveat is lodged promptly, before any dealing that could defeat your claim is registered. Responding to a caveat on your title If they are not lodged with the consent of the owner (and even if they have that consent if they are lodged to secure a money obligation), most caveats will lapse after 3 months if court proceedings to establish the claim are not started and notice of them given to the Titles Office. If a caveat has been lodged against your property and you believe it is unjustified, you may be able to serve a lapsing notice under the Land Title Act 1994 (Qld). A lapsing notice requires the caveator to take action to maintain the caveat. In most cases, the caveator must apply to the Supreme Court of Queensland for an order establishing the claim in the caveat within 14 days. If they don’t, the caveat will generally lapse. Property lawyers on the Gold Coast who practise in property disputes can move quickly in these situations to either defend or remove a caveat, protecting your ability to sell, refinance or develop the property. Getting a court order Where the parties can’t resolve the dispute, the Supreme Court of Queensland has jurisdiction to make orders about caveats, either to extend them, remove them or determine the underlying property rights. Common situations where a caveat is used The Gold Coast’s dynamic property market generates a broad range of caveat disputes. Common scenarios include: Deceased estates: In some estate disputes, a party claiming a proprietary interest in estate property may be advised by an estate lawyer or property litigation lawyer to lodge a caveat while proceedings are underway. If you find yourself in a similar situation, QBM Lawyers’ wills and estates team can assist with estate-related caveats. Property development disputes: Builders, developers and landowners sometimes find themselves in a dispute over who holds what interest in land. Relationship breakdowns: Former partners who have contributed to the purchase or improvement of a property may lodge a caveat to protect their equitable interest while a family law or property settlement is resolved. Conveyancing transactions: In some transactions (especially where there is a long-term settlement), a conveyancing solicitor on the Gold Coast may advise lodging a caveat to protect a purchaser’s interest before settlement. Commercial property disputes: A commercial lawyer on the Gold Coast may advise caveating an interest in commercial land where a joint venture, option or other agreement is in dispute. Acting quickly is critical Timing is very important when it comes to caveats. If a conflicting interest is registered before your caveat is lodged, you may lose priority for your claimed interest. Equally, if a lapsing notice has been served on your caveat, strict time limits apply and urgent legal advice should be obtained immediately. If you are searching for property lawyers on the Gold Coast who understand the urgency, QBM Lawyers can move quickly when your property rights are on the line. A caveat can be a useful tool for protecting your interest in Queensland property, but only if it is used correctly and at the right time. Whether you need to lodge, defend or remove a caveat, obtaining advice from an experienced Gold Coast caveat lawyer is the first step you should take. If you are facing a property dispute or need assistance with property conveyancing matters that involve a caveat, contact QBM Lawyers today for a consultation. Frequently Asked Questions What is a caveatable interest under Queensland law? Under the Land Title Act 1994 (Qld), a caveatable interest is a legally recognised claim to a proprietary or equitable interest in land. Common examples include a purchaser under a contract of