03/09/2026
Half the advice circulating on the new property tax rules is out of date. Here is what is settled and what is not.
WHAT IS LAW.
Negative gearing has not been abolished. What changes from the 2027-28 income year is where the loss can go. If your deductions on residential property exceed your income from residential property, the excess no longer comes off your salary โ it comes off your other residential property income and any capital gain, and whatever is left carries forward to the next year. That is the new section 26-155 of the Income Tax Assessment Act 1997, inserted by the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, Royal Assent 26 June 2026.
It applies only to property you last acquired after 7.30pm, by legal time in the Australian Capital Territory, on 12 May 2026. For a contract purchase the clock starts the day you sign, not at settlement. Property you held before that keeps full negative gearing until you sell it.
Also law: from 1 July 2027 the 50% capital gains tax discount is replaced by cost base indexation plus a 30% minimum tax rate on gains accruing from that date. The rate itself is set by the companion Income Tax Rates Amendment (Tax Reform No. 1) Act 2026, assented the same day.
Two things most summaries leave out. For a new build, the investor chooses at sale between the 50% discount and indexation plus the minimum tax โ one or the other, not both. And the existing capital gains tax discount of up to 60% for qualifying affordable housing is fully retained.
WHAT IS NOT LAW.
The definition of a "new build" โ the thing the entire exemption depends on. The Act says a dwelling is new only if it meets requirements the Minister sets by legislative instrument. No such instrument exists. The requirements exist as a draft Treasury released for consultation, consultation closed on 21 August 2026, and Treasury has said the final definition will be written into primary legislation instead.
That draft sets out four separate ways a dwelling could qualify. One of them turns on a window running from the certificate of occupancy, and Treasury's own release says that window is wider than the one described on Budget night. It is still a draft.
Also draft and not law: the exemptions for specialist disability accommodation, community housing, public housing and build-to-rent.
The practical point is narrow. If someone is advising you off Budget-night reporting, they are working from a version that has already moved โ and on the definition itself nobody can give you a final answer, because it does not exist yet.
What this means for you: the grandfathering everyone talks about covers negative gearing only, and the capital gains change applies to gains accruing after 1 July 2027 on property you already own โ so ask your accountant about both, not just the one in the headlines.
We are buyer's agents, not tax advisers. This describes the state of the law. What it means for your position is a question for your registered tax agent.
General information only โ not financial, super, tax or legal advice.