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July 14, 2026Negative gearing changes for residential property investors
Opening summary
The Government has announced
changes that would limit negative gearing for residential property investments
to new builds from 1 July 2027. Existing arrangements are expected to continue
for residential properties held before the Budget announcement time of 7:30 pm AEST on 12 May 2026.
The rules are directed at
residential property. Commercial property and other asset classes, such as
shares, are expected to remain subject to existing negative gearing
arrangements.
This update is relevant to
clients who own residential investment property, are considering buying
residential investment property, or hold property through a company, trust or
partnership structure.
It is particularly relevant
where a client is considering buying an established residential property after
Budget night, or is comparing an established dwelling with a new build.
For residential properties held
before Budget night, the current negative gearing treatment is expected to
continue while the property is held.
For established residential
property acquired after Budget night, losses are proposed to be deductible only
against other income from residential properties, including relevant
residential property capital gains. Excess losses may be carried forward to future
years, but would not be available to reduce unrelated income such as salary and
wages.
New builds are expected to be
treated differently. Investors who acquire eligible new builds may continue to
negatively gear those properties, including after 1 July 2027. This distinction
means the acquisition date and the type of property will be critical.
Residential property investors
should keep clear records of acquisition dates, contract dates, and settlement
details. If a property was held before Budget night, those records may be
important in confirming grandfathering treatment.
Clients considering a future
purchase should model the after-tax cash flow under the proposed rules, rather
than assuming rental losses will be available to offset salary, business, or
investment income. Clients should also consider non-tax issues, including
borrowing capacity, interest rate sensitivity, rental yield, land tax, and
long-term investment objectives.
The final rules will depend on
enacted legislation and any ATO guidance. Clients should seek advice before
entering into contracts or making structural decisions based on the proposed
changes.
If you own or are considering buying residential investment property, please contact us before making decisions based on the proposed negative gearing changes.
