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MarcusT(Initiate)Initiate
13 Apr 2026

Hi Team,


Just wondering how should this CGT event to be looked at.

Original contract sold an investment property $1.14m to a group of developer which the purchasers included 4 entities on 5/11/2024,

10% deposit to be paid on 31/01/2025

10% deposit to be paid on 28/02/2025

and balance on completed by 30/06/2025.


They paid first 10% deposit and didn't pay the rest or completed the transaction.


And after a period of negotiation on 26/09/2025:

A deed of variation was executed, 3 entities to be released as purchasers.

$10k penalty interest has been paid before 26/09/2025

$22k penalty interest has been paid on the deed is issued on 26/09/2025


A new contract of sale has been issued and exchanged with similar contract price $1.14m but only one entity remained as purchaser and exchanged on 26/09/2025 and it to be completed on 26/09/2025. The 10% deposit paid on the original contract was carried over to the new contract. And only remaining 90% balance to be paid.


At the end, the settlement was completed on 17/10/2025 with the balance of 90% and additional penalty interest $5k paid.


Question:

Should it be treated as one CGT event, and it was happened on 05/11/2024 with contract price $1.14m.


And the interest received as interest income as the corresponding year the interest was received.


Many Thanks.



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1 replies
29 views
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YellowPotato(Taxicorn)Taxicorn
14 Apr 2026

Best to see a tax agent or possibly ATO's technical advice


Not sure.

I think it would just be one because the CGT event "H1 – Forfeiture of a deposit" didn't happen and was rollovered to the new contract. And to me, doesn't seem to any other CGT event that could happen

It seems the interest penalty would be considered interest income and not additional proceeds

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Is this one CGT event or multiple CGT events when a property sale contract is varied and re‑issued? | ATO Community