Granny flats: tax traps and tips

Leah Langton • February 10, 2025

With more older Australians looking to downsize and younger generations looking to get a foot on the property ladder, building a granny flat or a second dwelling in your backyard has become a more affordable solution.

In 2023, CoreLogic analysis of residential properties in Sydney, Melbourne and Brisbane found more than 655,000 sites suitable for constructing a granny flat.i


It has become such a popular option that there are now a host of businesses providing modular buildings as an alternative to designing and building your own.


Before taking the leap, make sure you have checked out local council regulations, restrictions and permit costs. Rules vary from council to council and usually include restrictions on the size and location.


Tax implications

It’s also important to know there are potential tax consequences – particularly capital gains tax (CGT).


While, for some, a granny flat may be considered a secondary dwelling on a property, to be eligible for a CGT exemption, there needs to be a written agreement giving someone the right to occupy a property for life.ii


The agreement can be entered into with any party – including family and friends – and will be exempt from CGT, provided the person with the ‘granny flat interest’ has reached pension age, or requires assistance with their day-to-day activities because of a disability.


Granny flat or investment property?

There are important differences between a granny flat arrangement and building a secondary dwelling on your property as an investment or renting out a room in your home.


A second home on a property that is used for short or long-term rental purposes is considered a commercial arrangement and the rent you receive is assessable income, on which you pay income tax on at your marginal tax rate.


Like most income-producing activities, you are entitled to claim the normal expense deductions against the rental income.


Granny flat arrangements, on the other hand, must not be a commercial arrangement.


Capital gains

Capital gain can be an issue that needs to be considered when setting up a granny flat arrangement. If you don’t follow the rules, you may find yourself with an unexpected tax bill when you eventually sell your home.


Usually, a granny flat arrangement is exempt from CGT provided it is not commercial in nature.


This means if the person living in the granny flat is required to make payments (such as rent) at a market rate, CGT will apply. If the individual only contributes to ongoing household costs (such as electricity and water) however, the ATO is unlikely to consider it a commercial arrangement.


To qualify for the CGT exemption, the property owner must be an individual, one or more individuals must have an eligible granny flat interest in the property, and both parties must have entered into a written and binding granny flat arrangement.


The CGT exemption only applies to creating, changing or terminating a granny flat arrangement.


Other CGT events unrelated to a granny flat arrangement, or outside the arrangement, are subject to normal CGT rules and may be liable for CGT. For example, the sale of a property previously used in a now terminated granny flat arrangement is still subject to the normal CGT rules.


Tips for a successful arrangement

While adding another dwelling to your property may increase the value of your home, it’s essential to get all the parties together to consider possible future scenarios before the written agreement is signed to avoid any potential problems further down the track.


The agreement should cover everyone involved in the arrangement, the circumstances in which the agreement can be varied or terminated and what happens if this situation arises.


It’s also sensible to discuss how any problems or financial conflicts will be resolved, including any implications with Services Australia if receiving the pension and please seek professional legal advice before signing.


We can help explain the tax rules if you’re interested in setting up a granny flat arrangement, so call our office today.



i Untapped granny flat potential in largest capitals could boost housing supply | CoreLogic Australia

ii Granny flat arrangements and CGT | Australian Taxation Office


By Nikki Ashurst • November 2, 2026
Many Australians don't know how their super fund has performed or what it invests in. Are you one of them? Here's what to check and why it matters. Do you know how your super fund performed over the last two years? Many Australians don’t and are working towards their financial future without fully understanding one of their most important assets and without a clear plan for how their super may support them in retirement. That's not surprising, as many people view super as something that should run quietly in the background while they're busy with careers, families and everything else that life throws at them. But when you’re not sure what’s happening behind your balance, it’s harder to know whether you’re on track, whether your current approach reflects your goals or what opportunities might be available to help you make the most of what you’ve built so far. Your super isn't sitting in an account, it's invested Super is invested by a fund on your behalf across a mix of assets, with those investments working to grow your balance over time. Those include: Shares Ownership in Australian and international publicly listed companies. Their value can rise and fall, sometimes substantially over short periods but shares can provide capital growth over the long term. Property and infrastructure Real assets like office buildings, shopping centres, airports and energy networks. They can produce income and don't always behave in the same way as share markets, helping diversify investment holdings. Fixed interest and bonds Lending to governments and companies in return for interest. They can provide regular income and be steadier than shares, although returns and risk vary depending on the investment. Cash Generally, the most stable and lowest risk investment type. It can provide stability and faster access to money but typically offers lower longer term return potential. The investment option you choose determines the mix of assets held in your super based on your risk appetite. Most super funds offer options from conservative to high growth. If you’re young, a growth option with a higher exposure to growth assets like shares could offer higher returns over time – but it also comes with higher risk. As retirement nears, you might want to consider a more conservative approach with more defensive assets, like bonds for example to protect your savings. If you've never made a choice, you're probably in your fund's default option, which is designed to suit a broad membership. It’s worth knowing whether the mix you're in matches your circumstances and goals, including how far you are from retirement. Why performance alone is not a true comparison If you're thinking about how your super compares, returns are often where people start. The trouble is that a return figure means nothing without context: What it's being compared to Growth and conservative options invest differently and with different levels of risk. Compare like with like or the comparison may not be genuine. The comparison period A single year can be heavily influenced by short term market conditions. Super is measured in decades, so five, seven and ten year returns tell you far more about whether a fund is consistently doing its job, albeit not a predictor of future performance. Fees and tax Published returns should reflect investment fees, costs and tax but administration fees may be charged separately from your balance. Two funds quoting the same return can leave you in meaningfully different places once all fees are accounted for. Then there are the things that returns can't show you at all. For example, what insurance is attached to your account and what it's costing you, whether the fund offers guidance, tools and advice or simply sends a statement once a year. Another consideration maybe the level of support available when you need it. When comparing funds, it's worth looking at the full picture, including performance, fees, investment options, retirement support and member benefits. What today’s decisions mean tomorrow To understand how your super stacks up, start here: Find your investment option It's on your annual statement and in your online account. Look at what's in it Your fund publishes the asset allocation (shares, cash etc.) for each investment option. Check the long-term return for that option Focus on five and ten year returns, not just last year and compare them with equivalent options. Understand the total cost Add together administration fees, investment fees and insurance premiums as an annual dollar figure. Comparing super is about working out which option will perform best for you. Before you jump in, it’s worth understanding what's behind the numbers so you can make decisions based on more than a headline return. Knowing where you stand is the first step A super balance tells you where you are today. Understanding how your super is invested, how it compares and whether it's aligned with your goals helps show whether you're heading in the right direction. Source: MLC The information in this article does not take into account your objectives, needs and circumstances. We recommend that you obtain investment and taxation advice specific to your investment objectives, financial situation and particular needs before making any investment decision or acting on any of the information contained in this document. Subject to law, Capstone Financial Planning nor their directors, employees or authorised representatives gives any representation or warranty as to the reliability, accuracy or completeness of the information; or accepts any responsibility for any person acting, or refraining from acting, on the basis of the information contained in this document. Principal Wealth Management Pty Ltd trading as BMO Financial Solutions ABN 53 109 336 601 is a Corporate Authorised Representative (CAR 277821) of Capstone Financial Planning Pty Ltd ABN 24 093 733 969 Australian Financial Services Licence (AFSL) No. 223135.
By Jude Schofield • October 7, 2026
More Australians are choosing to take direct control of their retirement savings by establishing a self-managed super fund (SMSF) and according to the SMSF Association, Aussies now see their super as an important part of building and managing their overall wealth.