What is Negative Gearing?


Negative gearing is a common tax strategy occurs when you purchase an investment asset (usually a property) with borrowed money (financial leverage), and the ongoing cost of holding and running that investment outweighs the income it generates.

For example, owning an investment property involves annual expenses such as mortgage interest, council rates, water rates, property management fees, insurance, and ongoing maintenance etc. If these cumulative annual costs exceed the gross rental income you earn, the investment is running a net loss. This net-loss position is what the industry refers to as being “negatively geared.”

Individual taxpayers can apply this net rental loss to offset their broader taxable income such as salary and wages, thereby reducing their total taxable income and lowering the amount of income tax payable to the Australian Taxation Office (ATO).


What is the Change?


The rules surrounding negative gearing are undergoing a major structural change following the 2026/27 Federal Budget. For established residential properties, the impact depends on your purchase timeline:

Fully Grandfathered: No change applies. You can continue to use negative gearing to offset your net rental losses against your other taxable income (like salary or wages).

If you signed a purchase contract for an established residential property after the budget announcement cut-off, the new rules will apply to you in two phases:

Temporarily continue to use negative gearing. Net rental losses can still be used to offset your broader taxable income such as salary and wages up until 30 June 2027.

Net rental losses will be quarantined into a dedicated pool. You can carry these losses forward indefinitely to:

● Offset future net rental profit from residential properties, or

● Reduce your capital gains tax (CGT) liability when you eventually sell the property.


New build exemption


Eligible “New Builds” purchased by the first owner are exempt from these changes and retain negative gearing benefits indefinitely.

A new build refers to a residential property that contributes to a genuine increase in overall housing supply.

Inclusions:

dwellings (homes) built on previously vacant land, or

sites on which existing properties are demolished and subsequently redeveloped with an “increased” number of dwellings.

A property is treated as a new build if it has never been previously sold. The only exception applies where the builder initially owned the property, provided it was not occupied for longer than 12 months before its first sale. The new buyer (second owner) is also qualified for the new‑build exemption when selling the property in the future. Any subsequent buyer will be affected by the new rule.


Negative Gearing Reform Impact


Investments AffectedInvestments Not Affected
Established residential properties where the purchase contract was signed after 7:30 pm AEST on 12 May 2026.
● Second or subsequent purchasers of previously eligible ‘New Build’ residential properties. (Once a brand-new home is resold, it loses its “new build” status and is treated as an established property).
Non-supply-increasing renovations or extensions to existing residential properties (e.g., adding extra bedrooms to an existing house, or replacing one single home with another single home).
Affected residential properties owned by entities (individuals, partnerships, companies, or most discretionary trusts). For companies and trusts, losses cannot offset general trading or business income.  
● Any residential property with a purchase contract signed before 7:30pm AEST on 12 May 2026 (Grandfathered).
● Eligible ‘New Build’ residential properties
● Commercial properties, industrial properties, and retail premises.
● Shares, bonds, managed funds, and other non-residential investment assets.
● Properties held in superannuation funds (including SMSFs), or widely-held trusts like Managed Investment Trusts (MITs).
● Approved government social housing or eligible community affordable housing programs.
● Your primary place of residence (main residence).




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