Negative gearing is a familiar term for many Australian property investors, referring to the ability to deduct losses made on an investment property from your taxable income. The 2026 reform package is now law and significantly alters how negative gearing operates.
The legislated changes restrict negative gearing benefits to new properties, with established residential property acquired after Budget night (12 May 2026) affected from 1 July 2027. This means that investors purchasing existing properties might no longer be able to claim the same tax deductions. The rationale behind these changes is to encourage new housing developments, thus boosting supply and improving affordability.
One of the most common misconceptions about these changes is that they will eliminate negative gearing entirely. This is not accurate. The discussions predominantly focus on limiting negative gearing to newly constructed properties, not abolishing it.
To see how this plays out, consider an investor purchasing a new 3-bedroom apartment in Melbourne for $750,000. If the annual rental income is $30,000 and the property expenses (loan interest, maintenance, etc.) total $45,000, the investor would incur a $15,000 loss. Under the current system, this loss is deductible against other income, reducing the tax bill by $5,550 at a 37% marginal tax rate. Under the legislated changes, if the property is new this benefit remains. However, for an existing property, the deduction might not be allowed.
In our experience reviewing thousands of properties across Australia, many investors fail to account for the potential impact of legislative changes on their long-term strategy. We often see investors who have purchased older properties assuming they will continue to benefit from negative gearing indefinitely. Another common pattern is underestimating the impact of losing these deductions on cash flow, which could strain finances, especially for highly leveraged investors.
The answer can differ depending on your situation. If the changes are implemented, investors in new properties would still benefit from negative gearing, while those in existing properties might not. For properties purchased before any legislative changes are enacted, grandfathering provisions might apply, allowing current benefits to continue. Additionally, commercial properties and properties held through a self-managed super fund (SMSF) may be affected differently.
Given the complexity and impact of these legislated changes, consulting with a Chartered Quantity Surveyor and an accountant is crucial. They can provide tailored advice considering your specific portfolio, tax situation, and investment goals.