This year’s Federal Budget, handed down on 12 May 2026, includes some significant tax changes that are likely to affect you directly — so we’ve pulled together the key points in the tables attached.
The headline changes are around property investment and family trusts. If you own investment properties purchased before Budget night, you’re protected — the existing negative gearing rules are grandfathered for those properties. But any established residential property bought after 12 May 2026 will face new restrictions from 1 July 2027. Capital gains tax is also changing for everyone from that date, with the 50% discount replaced by a new indexation and minimum tax approach.
If you run your business through a discretionary trust, often referred to as a family trust, a new 30% minimum tax will be applied from 1 July 2028 — but there’s a three-year window to restructure if that makes sense for your situation.
On the upside, there are some genuine wins for small business: permanent $20,000 instant asset write-offs, loss carry-back for companies, and a new $1,000 standard work deduction.
No doubt you will have questions about how these proposed changes will impact on your situation – please call a member of our team to discuss or make a time for a meeting. In any case, we will be in touch as more information comes to hand, so that we can plan any next steps that you should be considering.
Testamentary trusts have since been carved out of the minimum tax. Read more about the testamentary discretionary trust changes.
2026-27 - Key Changes for Property Investors
| Area | Change | Who Is Affected | Start Date | Action Required | Key Exemptions |
|---|---|---|---|---|---|
| Negative Gearing — New Purchases | Losses on established residential properties purchased after 7:30pm AEST 12 May 2026 can only offset rental income or capital gains from residential properties — NOT other income (wages, business etc). Excess losses carry forward. | Individual investors, companies, partnerships, most trusts buying established property after announcement | 1 July 2027 | Review investment strategy before buying established property. Model cashflow impact of losing ability to offset losses against salary. | New builds fully exempt. Properties owned before announcement grandfathered. SMSFs & widely-held trusts exempt. Build-to-rent & govt housing programs exempt. |
| Negative Gearing — Existing Properties | Properties owned before 7:30pm AEST 12 May 2026 (incl. contracts exchanged but not settled) remain fully grandfathered — negative gearing against all income continues until sold. | All existing property investors with established properties | No change | No immediate action required. Consider timing of any sale in light of CGT changes below. | Full grandfathering for all pre-announcement properties. |
| Capital Gains Tax — New Regime | 50% CGT discount REPLACED by: (1) Cost base indexation (CPI-adjusted cost base) and (2) 30% minimum tax on net capital gains accruing from 1 July 2027. Applies to all CGT assets — shares, property, pre-CGT assets. | Individuals, trusts and partnerships selling assets after 1 July 2027. Taxpayers already paying ≥30% on gains are unaffected. | 1 July 2027 | Review planned asset sales. Consider realising gains before 1 July 2027 where 50% discount is more favourable. Obtain valuations of assets at 1 July 2027. | Gains to 1 July 2027 still get 50% discount. Age/Disability pension & JobSeeker recipients exempt from 30% minimum tax in the year of sale. Gains already taxed at ≥30% unaffected. |
| CGT — New Residential Builds | Investors in new residential properties can CHOOSE between the old 50% discount OR the new cost base indexation + 30% minimum tax — whichever is more beneficial. | Investors in newly built residential property | 1 July 2027 | Model both methods at time of sale to select the better outcome. | Choice available only for new residential builds — not established properties or other asset classes. |
| Foreign Buyer Ban (Housing Supply) | Ban on foreign persons purchasing established residential dwellings extended by 2 years and 3 months. | Foreign investors (minimal direct impact on Australian resident investors — may support local demand) | To 30 Jun 2029 | No action required for Australian resident investors. | Permanent residents and NZ citizens remain exempt. |

