---
title: "Screen a capital gain for the CGT discount"
url: "https://ailawframework.com/practice/taxation/screen-a-capital-gain-for-the-cgt-discount"
type: "task"
site: "AI Law Framework"
id: "A26-PE20261022-15"
practice_area: "Taxation"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Screen a capital gain for the CGT discount

> From the dates and the entity type the lawyer supplies, record whether the asset was owned for at least 12 months before the CGT event, excluding the day of acquisition and the day of the CGT event.…

Canonical page: https://ailawframework.com/practice/taxation/screen-a-capital-gain-for-the-cgt-discount  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Taxation](https://ailawframework.com/practice/taxation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the dates and the entity type the lawyer supplies, record whether the asset was owned for at least 12 months before the CGT event, excluding the day of acquisition and the day of the CGT event. Record the CGT event date the lawyer names: the contract date if there is a contract, the sale date if there is no contract, or the compensation or loss date if the asset was lost or destroyed. Record whether the lawyer says the taxpayer is an Australian resident, a trust, a company, or a complying super fund, and which exclusion the lawyer says may apply. Do not apply the discount percentage to a gain, and do not subtract losses. |
| What the lawyer must review | The lawyer decides the CGT event, the ownership period, residency, any exclusion, and whether losses are subtracted before any discount. The lawyer applies the percentage the page states for that entity. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the dates and the entity type the lawyer supplies, record whether the asset was owned for at least 12 months before the CGT event, excluding the day of acquisition and the day of the CGT event. Record the CGT event date the lawyer names: the contract date if there is a contract, the sale date if there is no contract, or the compensation or loss date if the asset was lost or destroyed. Record whether the lawyer says the taxpayer is an Australian resident, a trust, a company, or a complying super fund, and which exclusion the lawyer says may apply. Do not apply the discount percentage to a gain, and do not subtract losses.
- What the lawyer does: The lawyer decides the CGT event, the ownership period, residency, any exclusion, and whether losses are subtracted before any discount. The lawyer applies the percentage the page states for that entity.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Exclude the acquisition day and the CGT event day from the 12-month count.
2. Use the contract date where the lawyer says there is a contract.
3. Use 50 per cent for an eligible resident individual or an Australian trust, 33.33 per cent for a complying super fund, and no discount for a company.
4. Do not apply a percentage until the lawyer has marked the exclusions. Do not calculate the gain.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Taxation Office, CGT discount, last updated 29 June 2026](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/calculating-your-cgt/cgt-discount) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/taxation/screen-a-capital-gain-for-the-cgt-discount/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*