The legislated 2026–27 Federal Budget changes to negative gearing and Capital Gains Tax (CGT) affect how some property investors claim losses and calculate tax.

The changes will influence how investors assess future property purchases, particularly when comparing established residential properties with new builds.

For property investors, the key message is simple: accurate tax planning and depreciation records may become even more important.

What do the changes mean?

  • From 1 July 2027, losses from impacted established residential properties will be quarantined and carried forward, rather than used to offset other income.
  • Established residential properties acquired after 7:30pm AEST on 12 May 2026 are impacted, while earlier purchases are grandfathered.
  • The 50% CGT discount will be replaced with cost base indexation for impacted established properties from 1 July 2027.

What this means for depreciation claims

  • Depreciation deductions are still available, but how they are claimed will change from 1 July 2027.
  • For impacted established residential properties, depreciation will form part of a carried-forward loss.
  • New residential investment properties remain eligible for full negative gearing, while commercial property is unaffected by the negative gearing reforms.

Listen to Bradley Beer explain the
2026 Federal Budget changes

BMT Tax Depreciation CEO Bradley Beer outlines
the Federal Budget changes and what they
mean for property investors during our 13 May webinar.

Transcript

So let's just run through some of those changes that happened. Negative gearing, existing owners will be grandfathered, which is something that was talked all about in between. So anyone who's already bought something and already claiming negative gearing deductions, exchanged it before last night to buy that, then you fall under the existing rules. So you will continue to go along and claim your deductions and your losses against other properties for as long as you own that property. So nothing changes for anything that we've bought. So people that are talking to us at the moment are all talking about properties they've already bought. So there's no change in any way to what the depreciation does or how we do it or what it's used for.

From last night's budget, anyone that buys something, you'll still be able to take advantage of losses against your property or negatively geared property until the 30th of June 2027. So for 12 months. And after that, there'll be no further negative gearing against your property if it's a negative property.

Self-managed super funds are exempt.

Commercial property exempt. I've had a few questions about that this morning. So no changes to if it's a negatively gear commercial property.

Shares, other asset classes are unaffected. So negative gearing can still be used on basically all the other asset classes except for secondhand residential property.

New builds will still retain the negative gearing ability, full negative gearing, a knockdown rebuild will not apply. So if you buy an old house, and by the way, these are the announcements. Obviously there will be the details sometimes of what actually passes legislation as well and gets to that point and sometimes these things change between the drafts and the finals, but at this stage, if you knock down and rebuild a house, you're not adding to the supply of housing. So you are not allowed to negative gear that. If you do add to the supply by building a duplex on that same site, then negative gearing will apply to you as the way we read it at this stage.

Depreciation and other deductions. If they are a loss-making situation, for the claims being depreciation or other things against your rental income that normally would now be able to be negatively geared, will be quarantined against future rental income or residential capital gains. So you can't use it against your other income anymore for these people from that 1st of July 2027, but you can use those against future gains. Now, normally when you're buying investment properties, negative gearings you would hope is a point in time that at some point it does become a cash flow positive property. And if that is the case, then you're still able to carry forward these deductions against that income when it does become positive and then be able to use it against capital gains or otherwise.

Capital gains tax, the 50% discount will be replaced with the cost based indexation based on CPI for all assets purchased after this budget. So from today until and as of 1 July 2027. And this applies to all properties that are even owned already. You will fit into the 50% CGT exemption up until that date. And even if you bought prior to 1985 and you do have no CGT, you will start incurring CGT or capital gains tax from 1 July 2027 under indexation method. So you retain under existing rules when you bought, but then you will swap across to that indexation method under, at the moment they're saying ATO guidance on valuation at the time in 2027. Not sure how that will work just yet, but that will change. Now, the thing that's carved out here is that new builds are exempt from this change, and you will still be able to take advantage of that 50% discount on the capital gains tax when you do sell a property, or you have the choice to take the indexation method, which is going back in 1999, I think it was introduced, where it actually calculates based on indexed inflation over time.

So depreciation in relation to that capital gains tax, depreciation records, if you can't claim them, will be used to help correct the capital gain when it's sold, from what we understand at this stage. So those non-cash losses that happen over that time, there's a later period where if you do sell that property and there's a capital gain, then a change to your cost base based on the claims that you couldn't make through depreciation or other things would adjust that cost base as the way we understand and read it at the moment.

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Thousands still to be claimed

Depreciation deductions are non-cash deductions that can help investors improve cash flow and support future tax outcomes.

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FAQs about the 2026 Federal Budget changes

FAQs about the 2026 Federal Budget changes

Which properties are impacted by the negative gearing changes?

Only established residential properties acquired after 7:30pm AEST on 12 May 2026. Properties owned or contracted before this time will be grandfathered, meaning current rules continue until the property is sold.

From 1 July 2027, the 50 per cent CGT discount will be replaced with cost base indexation based on CPI for all CGT assets held by individuals, partnerships and trusts for at least 12 months. New build investors may elect either the 50 per cent CGT discount or cost base indexation.

Yes. Like other deductions, depreciation may be carried forward rather than used as an immediate tax deduction. It can later offset residential rental income or property capital gains.

Yes. Depreciation can still form part of the property’s total loss, even if that loss is carried forward rather than claimed straight away.

It is better to calculate depreciation each year so the carried-forward loss pool is accurate and tax records stay up to date. Waiting may mean having to amend prior-year tax returns later, which can create extra work and complexity.

Yes. Depreciation schedules can help identify carried-forward deductions that have been quarantined for capital works and plant and equipment assets. These may be relevant when calculating the tax outcome at sale, including whether they can offset a residential property capital gain.

Yes. Based on the current information, losses from an impacted established residential property may be able to offset income from other residential investment properties.

The carried-forward loss is expected to sit in a broader property loss pool, rather than being quarantined to the individual property that created the loss.

Broadly, the property needs to add to housing stock, rather than simply being renovated, rebuilt or improved. Examples may include a new build on vacant land or replacing one existing house with two dwellings such as a duplex.

Not necessarily. While the dwelling itself may be new, a knock-down rebuild may not qualify as a new property for the purpose of the negative gearing changes if it does not add to overall residential housing stock.

Yes. BMT’s PropCalc tool can help investors estimate whether a property is likely to be negatively or positively geared by factoring in income, expenses, loan costs and depreciation.

It can also be used to model different scenarios, such as changes to rent, interest rates or expenses, to better understand the property’s expected cash flow and holding costs.

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