Federal Budget 2026: 7 Things Every Property Investor Must Do Before 1 July 2027
Treasurer Jim Chalmers just delivered the biggest property tax shake-up since 1999. Negative gearing, the 50% CGT discount and discretionary trusts all change from 1 July 2027. Here is what actually got announced on budget night, and the seven moves to make before the clock runs out.
- Negative gearing on existing residential property purchased after budget night is removed from 1 July 2027. New builds and pre-budget assets are grandfathered (Guardian, 2026).
- The 50% CGT discount is being replaced with inflation indexation and a 30% minimum tax rate on gains (excluding pensioners and income-support recipients) (ABC, 12 May 2026).
- Discretionary trust distributions face a 30% minimum tax from 1 July 2028 — roughly a three-year window to restructure (AFR, 11 May 2026).
- A new $250 Working Australians Tax Offset arrives in 2028 returns, plus the $1,000 instant work-expense deduction from FY2026-27 (SBS, 12 May 2026).
- The ATO received roughly $999 million to extend its Tax Avoidance Taskforce, Shadow Economy and Personal Income Tax compliance programs (PwC, 2026).
What Actually Got Announced on Budget Night
On the evening of 12 May 2026, Treasurer Jim Chalmers delivered the 2026-27 Federal Budget and framed it as the most significant tax reform "in more than a quarter of a century" (Treasurer's speech). For property investors, four announcements matter, and a fifth quietly reshapes the audit landscape.
The reforms break a long-standing commitment not to touch negative gearing and the CGT discount, and the political debate is loud (ABC, 12 May 2026). The mechanics, though, are what move money. Below is the plain English version of what changes, who it applies to and when.
| Change | Starts | Applies to | What stays the same |
|---|---|---|---|
| Negative gearing on existing property removed | 1 July 2027 | Purchases after 7:30pm 12 May 2026 | Losses still deductible against rental income; carry forward unchanged |
| CGT 50% discount replaced with indexation | 1 July 2027 | Gains accruing after that date on most assets | Pre-1 July 2027 gains keep the discount; new builds choose |
| 30% minimum tax on capital gains | 1 July 2027 | All taxpayers except pensioners and income-support recipients | Marginal rate still applies if higher |
| 30% minimum tax on discretionary trust distributions | 1 July 2028 | Family/discretionary trusts | Fixed trusts, super funds, deceased estates, charitable trusts exempt |
| $999m extra ATO compliance funding | From 2026-27 | Rental property and high-wealth audits | Existing record-keeping standards |
The package is forecast to raise $3.6 billion over five years from negative gearing and CGT alone, with a further $4.5 billion from the trust changes (Budget Paper No. 1). Economists are split on what it does to prices: some forecast a short-term softening of investor demand for established homes, while others highlight that grandfathering protects existing holdings (AFR, 11 May 2026).
The Grandfathering Rule — and Why the Word "Settle" Just Got Expensive
Grandfathering is the most reassuring part of the announcement and the most misunderstood. If you owned an investment property at 7:30pm on 12 May 2026, your negative gearing entitlement and your 50% CGT discount on gains accrued up to 30 June 2027 stay intact for the life of the asset (Guardian, 2026).
But "owned" means settled, not just contracted. Anyone who signed a contract before budget night with settlement after it falls into a one-year grace period — the government has confirmed a 1 July 2027 commencement date specifically to avoid stranding mid-deal buyers (AFR, 11 May 2026).
New Build vs Existing: The Tax Fork That Reshapes Yields
From 1 July 2027 the same Australian dollar buys two different tax outcomes depending on whether the property is a first-sale new build or an existing home. New builds keep full negative gearing and a choice between the 50% CGT discount and the new indexation regime. Existing homes lose access to negative gearing against salary, and indexation applies to future gains (Treasurer's speech).
That is a deliberate policy fork to push capital toward supply. The government estimates the changes will help 75,000 first home buyers over a decade, while acknowledging roughly 35,000 fewer new builds — a net reduction of about 30,000 dwellings from the tax changes alone (Guardian, 2026).
| Feature | New build (first sale) | Existing dwelling (bought post-budget) |
|---|---|---|
| Negative gearing v salary | Available | Not available from 1 July 2027 |
| Negative gearing v rental income | Available | Available (carry forward unchanged) |
| CGT regime | Choose: 50% discount or indexation | Indexation only on post-1 July 2027 gains |
| 30% minimum CGT | Yes (with indexation election) | Yes |
| Depreciation (Div 40 + Div 43) | Full availability | Existing limits unchanged |
CGT Indexation: The Pre-1999 Rule, Updated
Before 1999, Australian capital gains tax used a frozen indexation method (capped at the September 1999 quarter), then John Howard replaced it with the 50% discount. The 2026 budget effectively reverses that decision for most assets and adds a 30% minimum rate on top (ABC, 12 May 2026).
The mechanics are simple in principle. Each year your asset's cost base is uplifted by an inflation factor based on the Consumer Price Index. When you sell, only the real (inflation-adjusted) gain is taxed at your marginal rate, with a 30% floor unless you qualify for the pensioner or income-support exemption.
Nominal gain: $400,000.
Discounted gain: $200,000.
Tax at 39% = $78,000.
Real gain: $260,000.
Tax at higher of marginal or 30% = $101,400.
The worked example above shows how a long-held property can pay more tax under indexation, even though the "tax base" is smaller. The 30% floor bites investors who would otherwise sell in a low-income year — a common retirement-planning trick that no longer works from 1 July 2027.
Discretionary Trusts: The Three-Year Restructure Window
From 1 July 2028, distributions from discretionary trusts attract a minimum 30% tax rate at the trustee level. The trustee pays the tax; beneficiaries declare the income on their personal returns. The measure is forecast to raise $4.5 billion over four years (Budget Paper No. 1).
That is a big shift for the many Australian property investors who hold rental assets in family discretionary trusts to stream income to lower-rate adult beneficiaries. The exemptions list is narrow: fixed trusts, super funds, deceased estates, charitable trusts, primary production income, and certain income for vulnerable young people (Guardian, 2026).
The Quiet Change: PAYG Variations Are About to Get Smaller
This is the budget impact almost no one is writing about. A PAYG withholding variation lets investors with negatively geared properties get more take-home pay each week, by reducing PAYG tax withheld in anticipation of the deduction (ATO PAYG variation page).
From 1 July 2027, anyone who bought an existing investment property after budget night cannot offset rental losses against salary at all. That means the variation drops to (often) zero on that property, and the cash-flow buffer many investors rely on through the year disappears. Existing pre-budget investors are unaffected — their variation logic continues as before (ATO rental property guidance).
What Is Not Changing (Don't Panic Sell)
For all the noise, several core protections survive intact. Read this section before you do anything irreversible.
- Main residence exemption — your family home remains CGT-free.
- 6-year absence rule for former homes turned into rentals (see the rules).
- Depreciation (Division 40 plant and Division 43 capital works) — same regime, same limits.
- Co-ownership splits — rental income and deductions still split by legal title share.
- Borrowing expenses — deductible over five years or loan term, whichever is shorter.
- Loss carry forward for rental losses against future rental income remains intact.
The Seven Moves to Make Before 1 July 2027
What Else Was in the Budget Worth Knowing
A few other measures will quietly touch property investors and sole-trader landlords:
- Working Australians Tax Offset. A new $250 annual tax offset for 13.3 million wage and salary earners, first claimed in 2028 returns. Retirees and pure investment-income earners are excluded (SBS, 2026).
- $1,000 instant work-expense deduction starts from the 2026-27 income year for around 6.2 million workers (budget.gov.au).
- 5% deposit scheme for first home buyers continues at scale, alongside $47bn of housing investment and a 2-year extension of the foreign investor ban on existing homes (firsthomebuyers.gov.au).
- Permanent instant asset write-off and a two-year loss carry-back for companies up to $1bn turnover from 1 July 2026 — relevant for any landlord operating through a corporate trustee or PSI entity.
- No new household electricity rebate. The 2025 budget's $150 rebate ended and was not replaced. Investors funding utilities between tenancies wear the gap.
Lodgey keeps your settlement evidence, rental schedules, loan splits and depreciation records in one audit-ready place — so the moment the new rules start, your property file already speaks the right language.
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This article is general information, not personal tax advice. Budget measures are subject to legislation and may change before start dates. Before acting, speak with a registered tax agent.
- Treasurer Jim Chalmers - 2026-27 Budget Speech
- Budget Paper No. 1 - 2026-27
- budget.gov.au - Federal Budget 2026-27
- The Guardian - Budget 2026 tax reform explained
- ABC News - Federal Budget 2026 winners and losers
- ABC News - Government breaks promise on negative gearing and CGT
- AFR - One-year grace period for negative gearing and CGT changes
- AFR - CGT and negative gearing reforms to hit house prices, economists say
- SBS News - 2026 Federal Budget winners and losers
- PwC - 2026-27 Budget tax analysis: ATO compliance funding
- ATO - Rental properties and tax
- ATO - Capital gains tax
- ATO - PAYG withholding variation application
- firsthomebuyers.gov.au - 5% deposit scheme