LODGEY
FEDERAL BUDGET 2026

Federal Budget 2026: 7 Things Every Property Investor Must Do Before 1 July 2027

13 MAY 2026·13 MIN READ·BY LODGEY

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.

Budget night was 7:30pm 12 May 2026. That timestamp is the line between "grandfathered" and "new rules" for every Australian residential investor. Settlement before the timestamp keeps you on the old map; after it, you are on the new one (Treasurer's speech, 12 May 2026).
Key takeaways
  • 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).
Forecast NG+CGT revenue
$3.6B
Over 5 years from 2025-26
Start date
1 Jul 2027
Year-long grace period from budget night
Minimum CGT rate
30%
Excludes pensioners and income-support recipients
First home buyers helped
75,000
Treasury estimate over the decade
01

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.

ChangeStartsApplies toWhat stays the same
Negative gearing on existing property removed1 July 2027Purchases after 7:30pm 12 May 2026Losses still deductible against rental income; carry forward unchanged
CGT 50% discount replaced with indexation1 July 2027Gains accruing after that date on most assetsPre-1 July 2027 gains keep the discount; new builds choose
30% minimum tax on capital gains1 July 2027All taxpayers except pensioners and income-support recipientsMarginal rate still applies if higher
30% minimum tax on discretionary trust distributions1 July 2028Family/discretionary trustsFixed trusts, super funds, deceased estates, charitable trusts exempt
$999m extra ATO compliance fundingFrom 2026-27Rental property and high-wealth auditsExisting 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).

02

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).

If a contract is in flight, check the settlement date. Push to settle before 1 July 2027 if you can. The tax treatment of an investment property bought on 30 June 2027 may be very different from one bought on 1 July 2027.
03

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).

FeatureNew build (first sale)Existing dwelling (bought post-budget)
Negative gearing v salaryAvailableNot available from 1 July 2027
Negative gearing v rental incomeAvailableAvailable (carry forward unchanged)
CGT regimeChoose: 50% discount or indexationIndexation only on post-1 July 2027 gains
30% minimum CGTYes (with indexation election)Yes
Depreciation (Div 40 + Div 43)Full availabilityExisting limits unchanged
Investor reset: the hurdle rate on an existing post-budget purchase needs to be re-run. Without the salary-side loss offset, after-tax cash flow on a leveraged $750k unit looks very different. Run the maths before you sign anything, and keep an eye on loan-purpose mixing because borrowed interest discipline matters more, not less, under the new rules.
04

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.

Worked example: same sale, two regimes
OLD (50% DISCOUNT)
Cost base $500,000 · Sale $900,000 · Held 10 years.
Nominal gain: $400,000.
Discounted gain: $200,000.
Tax at 39% = $78,000.
NEW (INDEXATION + 30% MIN)
Indexed cost base (CPI 28%): $640,000.
Real gain: $260,000.
Tax at higher of marginal or 30% = $101,400.
Illustrative only. Indexation begins 1 July 2027; gains accrued before then keep the 50% discount under the announced transition (Guardian, 12 May 2026; Treasurer's speech).

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.

Timing matters. If you have an asset with a large unrealised gain and a near-term sale plan, crystallising the gain before 1 July 2027 (so it falls under the 50% discount) may be cheaper. Run scenarios with your tax agent against your full CGT position.
05

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).

12 May 2026
Budget night announcement; grandfathering snapshot taken
1 July 2027
Negative gearing on new existing purchases removed; CGT indexation and 30% minimum begin
1 July 2028
30% minimum tax on discretionary trust distributions commences
2028 tax returns
First $250 Working Australians Tax Offset paid to ~13.3 million workers
Mid-2029
Foreign investor ban on existing homes ends (extended by 2 years)
06

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).

Re-run your numbers in Q2 2027. If you bought after budget night and currently lodge a PAYG variation, the deduction profile changes from 1 July 2027. A stale variation can mean a tax debt at lodgement. Rebuild the spreadsheet against new-rules cash flow.
07

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.

Still unchanged after budget night
  • 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.
Calm before action. Knee-jerk sales of grandfathered assets often cost more than the changes they try to avoid. Crystallising a CGT event today means losing the 50% discount on every dollar of future gain you would have earned.

The Seven Moves to Make Before 1 July 2027

01
Pin down your grandfathering status, in writing
Pull the settlement statement for every investment property and confirm settlement was before 7:30pm 12 May 2026. Save a one-page summary per property. This file is the proof you will hand a future tax agent or auditor.
02
Re-model post-budget purchases with new-rules cash flow
Strip out the salary-side loss offset. Add the new 30% minimum CGT to your exit scenario. If the post-tax IRR no longer clears your hurdle, the deal logic was always thin.
03
Decide on a new-build allocation
The policy fork makes new builds tax-favoured. Decide explicitly whether new build, BTR, or off-the-plan exposure belongs in the next 12 months of your buying plan.
04
Consider crystallising large gains before 1 July 2027
If you have an asset with a near-term sale plan and a large unrealised gain, running the numbers under the current 50% discount versus indexation is a one-hour exercise that can change a six-figure outcome.
05
Open the trust restructuring conversation now
With a 1 July 2028 start and a roughly three-year window, the decision tree for discretionary trust holders is: keep the trust, convert to a fixed trust, or unwind. None of those happen quickly. Start the conversation in 2026, not 2028.
06
Refresh your PAYG variation in Q2 2027
If your variation assumes salary-side loss offsets on a post-budget property, it stops being valid on 1 July 2027. Lodge a fresh variation that matches the new deduction profile or you risk a tax debt at lodgement.
07
Tighten your records before the ATO turns up
The ATO is getting roughly $999 million in extra compliance funding (PwC, 2026). Rental schedules, loan splits, repair-versus-improvement evidence and depreciation schedules are now audit-grade by default. Lodgey's hitlist of audit red flags is a useful starting checklist.
INTERACTIVEWHERE DOES YOUR PORTFOLIO LAND?STEP 1
Did you settle on the property before 7:30pm Canberra time on 12 May 2026?

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.
GET READY BEFORE THE 1 JULY 2027 SWITCH
Turn budget-night uncertainty into a clean tax position

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.

Estimate my Lodgey savings

FAQs

Treasurer Jim Chalmers announced the biggest property tax shake-up since 1999: from 1 July 2027 negative gearing on newly acquired existing residential property is removed, the 50% CGT discount is replaced with inflation-adjusted indexation, and a 30% minimum tax applies on capital gains and discretionary trust distributions. Properties owned at budget night are grandfathered (Treasurer's speech, 12 May 2026).
Yes, if you owned it at 7:30pm Canberra time on 12 May 2026. Grandfathering preserves negative gearing for the life of the asset. Properties bought after budget night can only offset rental losses against other residential rental income or carry them forward; they cannot reduce salary or wage income from 1 July 2027 (Guardian, 12 May 2026).
From 1 July 2027 a property's cost base is increased by inflation each year (similar to the pre-1999 rules), and only the real gain is taxed at your marginal rate, subject to a 30% minimum (unless you are a pensioner or income-support recipient). Existing assets keep the 50% discount on gains accrued up to 30 June 2027 (ABC, 12 May 2026).
Yes. New builds keep full negative gearing access and can choose between the 50% CGT discount and the new indexation regime. The policy is designed to channel investment toward supply, with the government forecasting the package will help 75,000 first home buyers over a decade (Treasurer's speech).
The 30% minimum tax on discretionary trust distributions starts 1 July 2028, with roughly a 3-year restructuring window. Exceptions cover fixed trusts, super funds, deceased estates, charitable trusts, primary production income and certain payments to vulnerable young people. Talk to a registered tax agent about whether your structure still fits (AFR, 11 May 2026).
Sources checked

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.

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The 2026 Property Tax
Deduction Checklist

87 deductions, 7 ATO red flags, and 6 critical 2026 deadlines— all in one field-tested PDF. Built for Australian property investors. Updated for the FRCGW $0 threshold, Victoria's statewide VRLT, and TR 2025/D1.

87
Deductions
7
ATO red flags
6
2026 deadlines