The negative gearing changes, explained properly.
Most of the coverage got the headline right and the detail wrong. Here is what the enacted law actually does, who it leaves alone, and what it costs the investors it does reach.
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The short version.
From 1 July 2027, negative gearing in Australia is limited to eligible new builds, for residential property acquired after 7:30pm AEST on 12 May 2026, under the Treasury Laws Amendment (Tax Reform No. 1) Act 2026. Property held — or under an exchanged contract — before that moment is grandfathered and keeps the current treatment until it is sold. Losses on affected properties are quarantined against future rental income or capital gains rather than deductible against salary. The same Act replaces the 50% capital gains tax discount with cost base indexation and a 30% minimum tax rate on gains accruing from 1 July 2027, across all CGT assets.
The Act passed both houses on 25 June 2026 and was enacted on 26 June. A second tranche of legislation dealing with the finer mechanics was still in consultation in August 2026, so some detail may yet move. Primary sources: ATO guidance, the Budget factsheet and Treasury.
Who the negative gearing changes apply to.
The reform did not change negative gearing for everyone. It sorted investors into three groups, and which one you are in is decided by when you exchanged contracts and what you bought — not by how much you earn or how many properties you hold.
Grandfathered
Held, or under an exchanged contract, before 7:30pm AEST on 12 May 2026. Nothing changes. Losses stay deductible against your other income until you sell, with no expiry. The grandfathering attaches to your ownership, so it does not pass to a buyer.
Eligible new builds
Carved out deliberately, to push investment toward new supply. Negative gearing still applies, and so does the choice between indexation and the discount on sale. Rebuilds and renovations that do not add a dwelling do not qualify.
Affected
Established property acquired after the cut-off. It gears normally until 1 July 2027. From then the loss is quarantined: carried forward against future rental income or a future capital gain, instead of coming off your salary.
Capital gains tax changed too, and not only for property.
The headlines said negative gearing, so the capital gains half went largely unreported. The same Act replaces the 50% CGT discount for individuals, trusts and partnerships with cost base indexation plus a 30% minimum tax rate on real gains accruing from 1 July 2027 — and it applies to every CGT asset, including listed shares and managed funds, not just residential property.
Why indexation is not simply worse
Indexation lifts the cost base by inflation, so it taxes the real gain rather than the nominal one. Over a long hold in a high-inflation period that can beat a flat 50% discount. Over a short hold with modest inflation it usually does not. The honest answer is that it depends on the holding period and the inflation across it, and anyone telling you it is uniformly better or worse has not run it.
The apportionment problem
The new treatment applies to gains accruing from 1 July 2027, not to whole sales after that date. A property held either side of it has a gain that must be split across the two regimes. That is a calculation worth getting right rather than estimating, and it is the main reason we do not publish a CGT calculator for it.
The number that matters is weekly, not theoretical.
For an affected investor, the change is not an abstraction — it is the difference between a deduction you claim this year and one you bank for later. On a $750,000 established Brisbane property at an 80% loan-to-value ratio, 6.2% interest only, renting at $650 a week and held by someone earning $150,000, the rental loss runs to about $23,300 a year.
−$86/wk
While it still gears, or if grandfathered
−$250/wk
From 1 July 2027, once the loss is quarantined
$164/wk
The difference — about $8,500 a year
Those figures come from our own calculator, which resolves your regime from three questions and then prices it against 2026‑27 rates, Queensland transfer duty and Division 43 depreciation. Run your own numbers on the negative gearing calculator, then bring the result to us.
Five things worth checking before 30 June 2027.
The new treatment starts on 1 July 2027, so 30 June 2027 is the last day the current rules apply to a property you already hold. None of this needs a panicked decision. It needs your position established once, properly, and then a plan that assumes the rules as enacted rather than the rules as remembered.
Confirm your contract dates
Grandfathering turns on the exchange date, not settlement. If you exchanged near Budget night, that date decides your treatment for as long as you hold the property — find the contract and check it.
Get a depreciation schedule
Depreciation enlarges the deductible loss while it is deductible, and enlarges the carried-forward balance once it is not. A quantity surveyor's schedule almost always finds more than an estimate.
Revisit the ownership structure
Who holds the property changes what the loss is worth and, in some cases, whether the change reaches it at all. This is worth reviewing before a purchase rather than after one.
Model the hold, not just the year
A quarantined loss is deferred, so the question becomes when it gets used. That depends on when the property turns rental-profitable and when you sell — which is a projection, not a tax return.
Get a valuation as at 30 June 2027
Because the capital gains change applies to gains accruing from 1 July 2027 rather than to whole sales after it, a property held either side of that date has a gain that has to be split across two regimes. Splitting it needs a defensible value on the day — and a valuation reconstructed years later, in the year you sell, is a far weaker document than one obtained at the time. If you will still hold the property on 1 July 2027, this is the one to organise.
Frequently asked questions.
What are the new changes to negative gearing?
From 1 July 2027, negative gearing is limited to eligible new builds for residential property acquired after 7:30pm AEST on 12 May 2026. Losses on an affected property can no longer be offset against salary or other income; they are quarantined and carried forward against future rental income or a future capital gain instead. Property held before that moment is grandfathered and keeps the current treatment until it is sold. The same Act also replaces the 50% CGT discount with cost base indexation plus a 30% minimum tax rate on gains accruing from 1 July 2027.
What would happen if negative gearing was abolished?
It has not been abolished, and that distinction matters. Negative gearing still applies in full to grandfathered properties and to eligible new builds, with no time limit on the grandfathering. What changed is the treatment of losses on established property bought after Budget night 2026: the deduction is deferred rather than removed, because a quarantined loss still offsets future rental profits and still counts against the capital gain when the property is sold.
Am I grandfathered?
If you held the property, or had exchanged a contract on it, before 7:30pm AEST on 12 May 2026, yes. The test is the contract date rather than the settlement date, which catches investors who exchanged before the cut-off and settled after it. Grandfathering runs until you sell the property, with no expiry, and it does not transfer to a buyer.
What counts as an eligible new build?
A genuinely new dwelling. Knock-down rebuilds and substantial renovations that do not increase the number of dwellings do not qualify. The property must not have sold before, unless the first owner was the builder and left it unoccupied for no more than 12 months. Eligible new builds keep both negative gearing and the more favourable capital gains treatment, which is the policy's deliberate push toward new supply.
Does this affect properties held in a trust, company or SMSF?
The negative gearing change applies to individuals, partnerships, companies and most trusts. Super funds including SMSFs, and widely held trusts such as most managed investment trusts, were excluded from it. The capital gains tax change is broader and is not limited to property, so it reaches share portfolios and other CGT assets as well.
What happens to a quarantined loss?
It is carried forward, not lost. A quarantined loss can be offset against future rental income from residential property, and against the capital gain when you sell. The economic effect is timing: the deduction arrives later, and a deduction deferred for years is worth materially less than one claimed this year.
What is the capital gains tax change?
The 50% CGT discount for individuals, trusts and partnerships is replaced with cost base indexation plus a 30% minimum tax rate on real gains accruing from 1 July 2027. It applies to all CGT assets, not just property, which is the part most of the coverage skipped. Indexation protects the inflationary component of a gain, so the outcome depends heavily on the holding period and the inflation rate across it. A sale after that date has to apportion the gain either side of it.
Do I need a valuation as at 30 June 2027?
Very likely, if you will still own the property on 1 July 2027. The new capital gains treatment applies to gains accruing from that date rather than to whole sales after it, so a gain on a property held either side has to be apportioned between the two regimes - and apportioning it needs a defensible value at the changeover. A valuation obtained at the time carries far more weight than one reconstructed years later. Organise it in the first half of 2027, not in the year you sell.
Should I bring forward a purchase to get grandfathered?
Only if the property stacks up on its own numbers. The cut-off has passed, so grandfathering is no longer available on a new purchase. What remains is the new-build exemption, and buying a property you would not otherwise buy in order to secure a tax treatment is how investors overpay. Run the holding cost first, then decide.
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