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Property Tax Changes · Koste Knowledge Base

Can a trust negatively gear property?

Published 26 June 2026 · Last updated 26 June 2026

Quick Answer

A trust can run a rental property at a net loss, but trust losses are quarantined inside the trust and cannot be distributed to beneficiaries — meaning you cannot use them to reduce your personal salary income.

Negative gearing through a trust

Negative gearing is one of the most popular tax strategies for individual property investors. But when property is held in a discretionary (family) trust, the mechanics of negative gearing change dramatically — and not in the investor's favour.

How trust losses work

If a discretionary trust runs a rental property at a net loss — because loan interest, management fees, and depreciation exceed rental income — that loss is a trust loss. Under the trust loss rules (Division 265 of the ITAA 1997), trust losses:

  • Cannot be distributed to beneficiaries to reduce their personal income
  • Are quarantined inside the trust
  • Can only be used to offset future income generated by the trust itself
This means: if you hold property in a family trust hoping to use rental losses to reduce your personal salary income, you cannot. The strategy simply does not work with trusts.

When trust property income can be distributed

If the trust's property generates a profit (rental income exceeds all deductions), that profit can be distributed flexibly among beneficiaries — and this is where the trust structure shines. You can distribute income to:

  • Adult children in lower tax brackets
  • A spouse earning less
  • A company beneficiary (at 30% tax)
This income-splitting flexibility is the main tax advantage of using a trust for positive-cash-flow or low-gearing property.

The interaction with proposed policy changes

Proposed changes to negative gearing rules would restrict established property investors from offsetting losses against non-rental income. For trust-owned properties, this restriction would not represent much of a change — trusts already cannot do this under existing law.

The bottom line on trusts

  • Trusts are excellent for income splitting on profitable rental properties
  • Trusts are not effective for negative gearing
  • If your property will be negatively geared and you need those losses to reduce your salary income, a trust is the wrong structure
See our guide on ownership structure (own name, trust, or company) for a full comparison.

Frequently Asked Questions

Can a unit trust negatively gear property?

A unit trust faces the same quarantining rule. Fixed unit trusts have different tax rules in some respects, but the inability to distribute losses to unitholders is generally the same result.

What if the trust also has other income — can the property loss offset that?

Yes. If the trust has other income (from other investments or business activities), the property loss can offset that income within the trust. The restriction is on distributing losses outside the trust.

Are there any trusts that can distribute losses?

Corporate unit trusts and public unit trusts have different rules, but for the typical family discretionary trust or fixed unit trust, losses cannot be distributed to beneficiaries.

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Written by Koste Team · Koste Chartered Quantity Surveyors · AIQS Member · RICS Member · TPB Registered · 1300 669 400 · info@koste.ai