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Property Tax Changes · Koste Knowledge Base

Will Existing Investment Properties Be Grandfathered Under the New Tax Rules?

Published 26 June 2026 · Last updated 19 August 2026

Quick Answer

Existing residential investment properties held before the relevant cut-off are expected to receive grandfathering treatment. This means investors may continue under existing rules, but they should confirm their own position before selling, refinancing, transferring or restructuring.

Grandfathering means existing arrangements may continue under previous rules even after new rules begin. This is important because many investors already own residential rental properties and are worried that their current deductions will immediately disappear.

Investors should check when the property was acquired, whether there was a signed contract before the relevant cut-off, whether the property is residential or commercial, whether the ownership structure changes, whether the property is transferred or inherited, and whether the loan is refinanced or the property is sold and replaced.

Grandfathering may protect existing arrangements, but investors should not assume every change is safe. Ownership changes and restructures can create tax consequences. A transfer between spouses, a change in trust structure, or a refinance to a different entity could trigger a re-test under the new rules.

Koste role is to help investors keep better property records, including depreciation schedules, capital works records and renovation details.

What to do next:

  • Note the contract date for every investment property you own.
  • Confirm with your accountant whether your properties are grandfathered.
  • Do not change ownership structure without advice.
  • Keep your depreciation schedules and renovation records updated.
  • Review your position before any sale, refinance or transfer.
  • Frequently Asked Questions

    What does grandfathering mean?

    It means existing arrangements may continue under previous rules, even after new rules apply to future purchases.

    Will my existing property lose negative gearing?

    Not necessarily. Existing properties held before the relevant cut-off are treated differently under grandfathering.

    Can I refinance a grandfathered property?

    You should ask your accountant or tax adviser before refinancing, restructuring or changing ownership to confirm the effect on grandfathering.

    What if I inherit a property or receive one after divorce?

    Special transitional rules may apply. Get advice before assuming the property keeps or loses its grandfathered treatment.

    Does Koste confirm grandfathering?

    No. Koste can help with property records and depreciation information, but your accountant confirms tax treatment.

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