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Federal Budget 2026–27 · Property Tax Guide

Budget 2026–27 Property Tax ReformsThe Complete Guide for Investors and Accountants

The 2026–27 Federal Budget changes two big things about property tax: how capital gains are taxed, and how negative gearing works.

Both changes start from the same date - 12 May 2026 - but the rules from there are completely different. A single property can be affected by both at once. Get either one wrong, on a property you already own or one you're about to buy, and you can end up paying tens of thousands of dollars in extra tax.

This guide breaks both rules into simple buckets, walks through real numbers for each, and shows exactly where the risk sits and how to avoid it.

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Please note: this is general information only, not tax advice. Both sets of changes are subject to the passage of legislation, and every situation is different - please check with your registered tax agent before relying on any figure here.

Every tax figure in this guide uses the top personal tax rate: 45% plus the 2% Medicare Levy, or 47% in total. This shows the biggest possible amount at stake. If your own tax rate is lower, the dollar figures will be smaller - but the rules, deadlines, and risks are exactly the same.

Rule One: Capital Gains Tax (CGT)

Capital gains tax on an investment property now depends on two things: whether you bought it before or after the Budget date - 12 May 2026 - and whether it's a new build or an existing home.

The framework

The Three Buckets

Every investment property fits into exactly one of three buckets. Each bucket gives you a choice between Option 1 and Option 2.

BucketWhen you bought itOption 1Option 2
A - Bought before the BudgetOn or before 12 May 2026With a certified valuation: 50% discount on gains up to 30 June 2027. Gains after that date use indexation instead - your cost base grows with inflation, rather than a flat discount.Without a certified valuation: the ATO splits the gain by time instead, using its own default method.
B - New build, bought after the BudgetAfter 12 May 2026, brand-new home, never lived in before50% discount on the whole gain.Indexation of your costs instead.
C - Existing home, bought after the BudgetAfter 12 May 2026, second-hand homeIndexation of your costs - the only method available.Not applicable - there's no second option for this bucket.

You need to calculate both options to see which one gives the lowest tax. There's no shortcut and no rule of thumb - the better option depends on the numbers for that specific property.

CGT bucket 1: Bought Before the Budget

Most properties sit in this bucket today. Buy on or before 12 May 2026, and part of your gain still gets the 50% discount. There's one new date to remember: 30 June 2027.

  • Gain earned before that date: keeps the old 50% discount.
  • Gain earned after that date: uses indexation instead. This means your cost base grows with inflation, instead of getting a flat discount.
  • Renovations or capital works done after 12 May 2026 are indexed separately, starting from the date you actually paid for them.

Valuation vs. the ATO's default - the valuation is what matters

If you owned the property before the Budget, get a certified valuation of what the property was worth on 30 June 2027.

No valuation? The ATO uses its own default method instead - it splits your gain based on time, not on when the value actually grew. That's your only option.

Get a valuation, and you have two numbers to work with: the valuation-based split, and the ATO's default. You calculate both, and use whichever gives the lower tax in your return.

  • Without a valuation, only the ATO's default method is available.
  • With a valuation, both methods are available, and you choose the one that results in less tax.
  • The two methods can produce a meaningfully different result - sometimes by tens of thousands of dollars - so which one applies depends on whether a valuation was obtained.
Worked example

Bucket A - plain appreciation, split at 30 June 2027

This example assumes no capital improvements were made at all - just plain appreciation, split at 30 June 2027, to keep this simple.

The facts

Bought for$300,000
Bought in2019
Value on 30 June 2027 (certified valuation)$900,000
Sold for$1,000,000
Sold in2030
Tax rate used47% (top marginal rate)
Total gain before any adjustment$700,000

The calculation

With a certified valuationWithout one (ATO default)
How the split worksValuer confirms the property was worth $900,000 on 30 June 2027ATO splits by time: 8 of the 11 years owned were before 30 June 2027
Gain before 30 June 2027$600,000$509,100
Taxable gain before 30 June 2027 (50% discount)$300,000$254,550
Taxable gain after 30 June 2027 (indexation applied)$16,550$115,900
Tax owed at 47%$148,800$174,100
Key insight

The gap

$25,300extra tax without a valuation - same property, same sale price, same total gain

With a valuation, this investor calculated both methods and used the valuation-based result, since $148,800 is lower than the ATO's default of $174,100. Without a valuation, only the default method would have been available - $25,300 extra tax, on the same property, same sale price, same total gain.

The size and direction of this gap depends on the purchase price, the CPI over the holding period, how long the property was held, and where the value really grew. There's no set answer - you can't know which method is lower until you've run the numbers for that specific property.

Do

  • Get a certified, in-person valuation as at 30 June 2027 - desktop valuations generally don't give the best value.
  • Keep that valuation with your original purchase contract - it's now a permanent cost-base record.
  • Calculate the tax both ways once you have a valuation, and use whichever is better for you.
  • If you also renovate after 12 May 2026, track that cost separately, with its own start quarter.
  • Confirm the valuer values the property “as at” 30 June 2027, not the date they actually visit.

Don't

  • Assume the 50% discount still covers the whole gain after 30 June 2027.
  • Confuse the valuation date with when it was obtained - it must value the property as it stood on 30 June 2027.
  • Assume a valuation is the only option once you have one - the ATO's default is still available and may occasionally be lower.
  • Combine a renovation's cost with the main valuation split - they're worked out separately.
  • Move this property into Bucket B or C - the purchase date alone keeps it in Bucket A.

CGT bucket 2: New Build, Bought After the Budget

Buy a brand-new home after 12 May 2026, and you keep a choice that most other post-Budget buyers lose: work out the gain both ways, 50% discount or full indexation, and use whichever gives the better result. There's no default here. You have to calculate both to know which one wins.

What counts as a new build

Qualifies as a new buildDoesn't qualify
A newly built apartment bought off-the-planAn existing house or apartment bought second-hand
A duplex replacing one house with two (adds to supply)A knock-down rebuild replacing one house with one house
Any new home built on vacant landA granny flat added next to an existing property
A newly built property occupied for less than 12 months before first saleA new build lived in for more than 12 months before you buy it

A renovated older home doesn't qualify - no matter how extensive the renovation. That's Bucket C instead.

A quick refresher: indexation grows your cost base with inflation instead of applying a flat 50% discount to the raw gain. Which one wins depends on the numbers below - not a rule of thumb.

Worked example

Two holding periods, two methods

Same choice, run over two different holding periods. Watch which method wins each time.

The facts

10-Year Hold25-Year Hold
Bought (new build)2027 - $500,0002027 - $400,000
Sold2037 - $900,0002052 - $1,100,000
Raw gain$400,000$700,000
Tax rate used47% (top marginal rate)47% (top marginal rate)
CPI assumed3% p.a. (34% cumulative)3% p.a. (109% cumulative)

The calculation

10-Yr Discount10-Yr Indexation25-Yr Discount25-Yr Indexation
Cost base after indexingn/a$672,000n/a$837,500
Taxable gain$200,000$228,000$350,000$262,500
Tax owed at 47%$94,000$107,200$164,500$123,400
Better result?Yes - $13,200 less taxNoNoYes - $41,100 less tax
Key insight

Same rule, opposite answers

Over 10 years, the discount wins by $13,200. Stretch the same property type to a 25-year hold, and indexation wins instead - by a much larger $41,100, because the same inflation rate compounds for so much longer. Nothing about the rule changed between the two columns; only the holding period did. That's why you need to run both numbers every time. Assuming last time's winner will win again is how the wrong method gets used.

Do

  • Confirm the property genuinely qualifies as a new build - check the occupation history and first-sale date - before assuming you have this choice.
  • Work out both methods before you lodge. Don't guess which one wins.
  • Recalculate at the time of sale, not at purchase - the winner depends on inflation and price growth that actually happened.

Don't

  • Assume the 50% discount is always the better choice. It isn't, and won't always be.
  • Use one indexation number for costs spent at different times - each one needs its own.
  • Confuse this bucket with Bucket C - existing homes bought after 12 May 2026 don't get this choice.

CGT bucket 3: Existing Home, Bought After the Budget

Buy an existing or second-hand home after 12 May 2026, and indexation of your costs is the only method available - there's no discount to choose instead. You apply indexation to each cost separately, because each one was spent at a different time and grows by a different amount.

Worked example

Indexing each cost on its own

The facts

CostAmountWhen spent
Purchase price + stamp duty$525,000July 2026
Paint and flooring$40,0002029
Kitchen upgrade$25,0002031
New deck$12,0002033
Agent & legal fees on sale$15,0002036 (at sale)
Sold for$900,0002036
Tax rate used47% (top marginal rate)-
CPI assumed3% p.a.-

The calculation - indexing each cost on its own

CostYears indexedValue at sale
Purchase price + stamp duty10 years$705,600
Paint and flooring7 years$49,200
Kitchen upgrade5 years$29,000
New deck3 years$13,100
Agent & legal fees on sale0 years$15,000
Total indexed cost base $811,900

Sale price: $900,000. Gain = $900,000 − $811,900 = $88,100. Tax at 47% = $41,400.

Watch out

The trap

Each cost runs on its own clock, because it was spent at a different time. Blend these into one average figure instead of indexing each one separately, and you get the wrong cost base - usually a lower one, which means more tax than you actually owe.

Do

  • Keep every cost dated - indexation applies per item, not to the total.
  • Record the exact date for every single cost - not just the purchase and sale dates. Indexation is applied quarterly, so the specific quarter matters, not just the year.
  • Apply CPI to each cost separately, using the right period for that cost.
  • Confirm early that the home is second-hand - this bucket has no discount to fall back on.
  • Redo the indexed cost base whenever a new cost is added - it changes the total, not just adds to it.
  • Keep a record of every capital cost. Without it, you lose the cost itself from your base, plus the inflation uplift it would have earned - both gone at once.

Don't

  • Leave the comparison until tax time - it affects how you should be keeping records from day one.
  • Use one blended indexation number for the whole cost base - it will be wrong for any property held more than a couple of years.
  • Assume the 50% discount applies as a fallback - it doesn't, ever, in this bucket.
  • Forget to index improvement costs separately from the original purchase price.
  • Treat sale-time costs as indexable - they're spent at the very end, so they generally aren't.
  • Assume a rough estimate of a capital cost is good enough - indexation needs the actual invoice amount and date, not a guess.

Rule Two: Negative Gearing

Negative gearing now depends on two things: when you bought the property, and whether it's a new build or an existing home. The next three sections go through each bucket, one at a time.

BucketWhen you bought itNegative gearing treatment
A - GrandfatheredOwned, or under contract, before 7:30pm AEST on 12 May 2026Nothing changes. Rental losses can still reduce your salary income, exactly as they always have.
B - New buildBought after 12 May 2026, new construction that adds to housing supplyNothing changes here either. New builds keep full negative gearing - losses can still reduce your salary income.
C - Established, bought after the BudgetBought after 12 May 2026, existing / second-hand homeFrom 1 July 2027, losses can no longer reduce your salary income. They're quarantined - carried forward for use against future rental profit, or against the capital gain when you sell.

Negative gearing bucket 1: Grandfathered Properties

Own a property - or had a signed contract - before 7:30pm AEST on 12 May 2026, and nothing changes. Rental losses on that property can still reduce your salary income, the same as always.

But that only covers the interest on funds used to purchase the property itself. If you borrow more money against it later, the new borrowing follows its own rules.

Worked example - splitting a refinanced loan

Loan interest is usually the biggest deduction on a rental property. If you refinance to buy a second property, what you can claim depends on what the new money was spent on. It depends on what the second property is:

  • New build (Bucket B): the new interest is still fully deductible, same as before.
  • Existing home (Bucket C): the new interest must be quarantined instead - set aside, not claimed against your salary.

This example uses an existing home, since that's the trickier case.

Worked example

Splitting a refinanced loan

The facts

Property 1 (grandfathered)Bought 2020
Property 1 loan$600,000 at 6%
Property 1 interest$36,000/year
Extra borrowing in 2027$400,000 at 6%, for Property 2
Property 2 (this example)Existing home, bought 2027 (Bucket C)
Extra interest$24,000/year

Split correctly: the $36,000 for Property 1 stays fully deductible, same as always. The $24,000 for Property 2 must be quarantined, because Property 2 is an existing home.

Watch out

The overclaim risk

$11,280tax clawed back if you claim the full $60,000 without splitting it

Claim the full $60,000 against your salary without splitting it, and you've overclaimed $24,000. That's worth $11,280 in tax you shouldn't have saved. If the ATO checks the loan - and refinancing is one of the first things they look at - you'll need to pay that $11,280 back, often with interest and penalties on top.

Do

  • Check the exact date and time of your signed contract against 7:30pm AEST, 12 May 2026 - this one detail decides the bucket.
  • Keep the signed contract, not just the settlement date - the bucket is decided by when you signed.
  • Keep claiming losses against salary as normal - nothing new to do here.
  • If you refinance to fund a new purchase, split the interest by what the money was actually used for.

Don't

  • Assume “around the same time” is close enough - the cutoff is a specific time on a specific night.
  • Think the property's records don't matter anymore just because nothing's changing - you'll still need the contract and date if ever asked.
  • Confuse a grandfathered property with a new build - they end up in the same place, but for different reasons. Mixing up the records causes problems later.
  • Claim the full refinanced loan's interest without checking what the new property is.

Negative gearing bucket 2: New Builds

Buy a new build after 12 May 2026, and full negative gearing still applies - losses can reduce your salary income exactly as before. This is to keep the incentive to build new homes, not just buy existing ones.

Watch out

Only the first buyer qualifies

Buy a new build second-hand from someone else - even if it's only a year or two old - and this benefit doesn't carry over. You land in Bucket C instead.

What counts as a new build

Qualifies as a new buildDoesn't qualify
A newly built apartment bought off-the-planAn existing house or apartment bought second-hand
A duplex replacing one house with two (adds to supply)A knock-down rebuild replacing one house with one house
Any new home built on vacant landA granny flat added next to an existing property
A newly built property occupied for less than 12 months before first saleA new build lived in for more than 12 months before you buy it

Do

  • Check you're genuinely the first owner - look at the occupation certificate and first-sale date. If it's a knock-down rebuild, also confirm it adds to supply (one home becoming two or more) - a rebuild alone doesn't qualify.
  • Keep proof of when the build was finished and first lived in - the 12-month window matters.
  • Track every expense from settlement day - every deduction counts from day one, same as any property.

Don't

  • Assume any modern-looking property qualifies - age alone doesn't decide it.
  • Assume a knock-down rebuild automatically qualifies - it only counts if it adds to supply, like one home becoming two.
  • Buy a new build second-hand and assume the benefit carries over - it doesn't.

Negative gearing bucket 3: Established Properties Bought After the Budget

Buy an existing or second-hand home after 12 May 2026, and from 1 July 2027 your rental losses can no longer reduce your salary income. Instead, they're quarantined - carried forward, year by year, until the property turns a profit or you sell it.

Quarantined doesn't mean lost - if you declare it

  • Old rule: rental loss reduces your salary → you pay less tax this year.
  • New rule: rental loss is set aside → saved for later, used against future property profit or the eventual capital gain.

The loss doesn't disappear on its own. But the tax saving is delayed - sometimes for years - and it only survives that long if you declare it correctly, every single year.

Worked example 1 - the 2-year amendment window

The ATO generally only lets you amend a tax return within 2 years of lodging it. Miss declaring a loss in the year it happened, and once that 2-year window closes, the loss for that year may be gone - permanently, even though it was completely real.

Worked example

The 2-year amendment window

The facts

PropertyEstablished, bought October 2026
Tax rate used47% (top marginal rate)
Year 1 loss (2027–28)$15,000
Year 2 loss (2028–29)$14,000
Year 3 loss (2029–30)$13,000
Year 4 loss (2030–31)$10,000
Year 5 loss (2031–32)$9,000
Total losses over 5 years$61,000

The calculation

Declared every yearLeft undeclared until sale
Years 1–3 ($42,000)Kept - declared on time, inside the windowLost - the 2-year window has closed by the time you try to claim them
Years 4–5 ($19,000)KeptKept - still inside the 2-year window
Total losses kept$61,000$19,000
Tax value at 47%$28,670$8,930
Key insight

The $19,740 gap

$19,740less tax value - just because the losses weren't declared each year

Same property, same losses, same total - but $19,740 less in tax value, just because the losses weren't declared each year as they happened. The loss was real. The deduction was legitimate. It's gone anyway, because the return for that year can no longer be amended.

The rule is simple: declare every loss in the year it happens, even if you can't use it yet. That's the only way to protect it.

Worked example 2 - when the ATO asks for proof

Declaring a loss on time protects it from the amendment-window problem above. But that's not the end of the story - the ATO can still ask you to prove it, sometimes years later, most often when you sell and finally use the carried-forward balance.

Worked example

When the ATO asks for proof

The facts

PropertyEstablished, Bucket C
Carried-forward losses built up$100,000 over 5 years
Claimed againstCapital gain on sale, Year 6
Tax rate used47% (top marginal rate)

The calculation

Amount
Total carried-forward losses claimed$100,000
Portion fully supported by invoices and records$60,000
Portion disallowed - a Year 1 repair with no invoice or receipt$40,000
Tax value lost at 47%$18,800
Watch out

No invoice, no claim

If you can't supply the invoices behind a carried-forward loss, the ATO can deny that part of the claim - even if the loss genuinely happened. Declaring it on time protects it from the amendment-window problem. It doesn't protect it from an audit years later if the paperwork isn't there. Both things need to hold up: declared on time, and provable on demand.

Worked example 3 - the redraw and offset trap

Money sitting in an offset account is still your own money - using it isn't borrowing. A redraw is different: it's money you already paid off your loan, borrowed again. If you redraw and use it for an investment property, the interest on that portion becomes deductible from the date you drew it down - but only if you can prove exactly which dollars they were.

Worked example

The redraw and offset trap

The facts

PPOR loan (original)$500,000 at 6%
Paid down to$450,000 before the redraw
Redrawn on 1 March 2028$50,000
Used forDeposit on a Bucket C investment property
Tax rate used47% (top marginal rate)

The calculation

Correctly splitNot separately traced
Interest on the redrawn $50,000$3,000/year, deductible - added to the property's quarantined pool$3,000/year, denied - can't be told apart from the personal loan
Interest on the remaining $450,000 (personal)$27,000/year, not deductible - unchanged$27,000/year, not deductible - unchanged
Tax value at risk, every yearKept for later use against the property$1,410/year lost, for as long as the mixing continues
Watch out

One redraw, one clear trail

$1,410lost every year the redraw isn't traced to its own loan split

The redraw only becomes deductible from the date it's drawn down, and only for that exact amount. Without a separate loan split marking that specific $50,000 from 1 March 2028, the ATO can treat the whole loan as one blended personal debt and deny the claim - $1,410 lost every year the mixing continues.

Do

  • (Example 1) Declare every loss in the year it happens - even if you can't use it yet.
  • (Example 1) Track each property's carried-forward balance separately, with the year each loss arose.
  • (Example 2) Keep every invoice, rental statement, and loan document for as long as the loss sits in your carry-forward pool.
  • (Example 3) Set up a separate loan split the moment you redraw for investment purposes - mark the exact date and amount.

Don't

  • (Example 1) Wait until you sell to “claim it all at once” - by then, several years of the window may already be closed.
  • (Example 1) Assume a quarantined loss carries forward automatically without being declared - it doesn't.
  • (Example 2) Assume a spreadsheet number is enough evidence if the ATO asks - it isn't; they ask for the underlying documents.
  • (Example 3) Confuse using offset funds with redrawing - only a genuine redraw of previously repaid principal creates new deductible debt.

The One Rule That Applies to Everything Above

Every rule above depends on the same thing: a complete, dated record of every dollar you spent, earned, or borrowed. Lose that record, and you can lose a deduction that was completely real. The details differ, but the lesson is the same: without the paperwork, you can lose money you were entitled to keep.

  • In CGT: a missing invoice means a cost can't be added to your cost base - so your taxable gain looks bigger than it should, and you pay more tax.
  • In negative gearing: a missing invoice means part of a carried-forward loss can be disallowed - even though the loss was real.

Either way: no invoice, no claim.

Why manual tracking fails

Why a Spreadsheet Can't Do This

A single spreadsheet column works fine when every property follows one rule, for the same amount of time. Two reforms running at once - each with its own buckets and its own clocks - makes sure that won't happen. A property's CGT bucket and negative gearing bucket are usually the same letter, but that one letter triggers two entirely different calculations. Tracking one doesn't track the other.

CGT

  • Every cost has its own clock. It indexes from the quarter you spent it - not the year, and not the purchase date.
  • Two full calculations, every time. A new build needs the discount method and the indexation method run in full before you know which one wins. There's no shortcut.
  • Some properties split in two. A pre-Budget property renovated after the cutover needs a certified valuation split to separate the pre- and post-Budget gain.
  • One mistake spreads everywhere. A missing date on one cost throws off its indexation, the total cost base, and the final tax bill.

Negative gearing

  • Every loss has its own clock. The 2-year amendment window starts from the year the loss happened, not from when you eventually use it.
  • Some loans split in two. A refinanced loan that mixes old (grandfathered) and new (quarantined) debt needs the interest split correctly between the two.
  • One mistake spreads everywhere. A missing invoice on one repair can get years of carried-forward losses disallowed.
Key insight

The Common Thread

Proof has to survive years, not just the tax return. A CGT gain or a negative gearing loss claimed years later still needs the original invoice behind it. A spreadsheet number isn't proof - the ATO asks for the document.

Just sorting a property into the right bucket takes care, before you calculate anything. Add per-item indexation, ticking amendment windows, and loan-splitting on top, and the moving parts pile up every extra year you hold the property.

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