2026–27 Budget Update · Your Portfolio — FreedomKeys Investments
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Investments
Budget 2026–27 · Your Portfolio Update

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in a strong position

The Federal Budget announced on 12 May 2026 changes some property investment tax rules — but for existing investors, the protections are robust. Here's a clear summary of what applies to you, what doesn't, and what (if anything) is worth discussing with your adviser.

Budget Announced 12 May 2026 at 7:30pm AEST
Changes Begin 1 July 2027
Prepared by FreedomKeys Investments

Important: This is a general information guide only — not financial, tax, or legal advice. Budget measures must still pass Parliament. Always speak to your accountant or financial adviser before making decisions.

The Big Picture

Three changes. Here's the short version.

Don't want to read the whole thing? Start here — one card, one change, one sentence.

Negative Gearing — Restricted

From July 2027, if you buy an existing (established) property, you can no longer use rental losses to reduce your wage tax. New builds are unaffected.

From 1 Jul 2027

Capital Gains Tax — Updated

The 50% profit discount is replaced with an inflation adjustment plus a minimum 30% tax rate. Only applies to growth after 1 July 2027.

From 1 Jul 2027

Tax Cuts for Workers

Good news — a $250 tax offset and a $1,000 expense deduction mean you take home more pay, strengthening your borrowing capacity.

From 2026–27 / 2027–28
Your Scenario at a Glance

Find your column. Know your position.

Property wealth is built on capital growth and rental yield — not tax treatment. Negative gearing is a cashflow bonus, not the investment thesis. Here's exactly how the rules apply to your established investment property.

Fully Grandfathered
Your existing
portfolio
Held before
12 May 2026
Window Is Open
Buying now
Budget Night –
30 Jun 2027
New Framework
Buying from
1 Jul 2027
Established property —
fundamentals still win
Negative Gearing
vs wage income
Permanent
Until Jun 2027
Carry-forward only
Rental Losses
are they lost forever?
Used immediately
Carried forward
Never lost
50% CGT Discount
gains to 1 Jul 2027
Fully applies
Fully applies
Pre-Jul 2027 gains
CGT after Jul 2027
how future growth is taxed
CPI indexation
CPI indexation
CPI indexation
Year-End Tax Refund
immediate PAYG benefit
Yes
Until Jun 2027
Deferred to future
Cashflow Position
from a tax perspective
Strongest
Moderate
Yield-driven
If Held in SMSF
super fund investors
Exempt — no change
Exempt — no change
Exempt — no change
Smart Strategy
what investors are doing
Hold, grow & buy more
Review timing with your adviser
Buy on fundamentals
Overall Position
Strongest possible
Consider timing carefully
Right property, right price

Your existing portfolio — nothing changes

Every property held before 12 May 2026 is fully grandfathered. Your negative gearing, your CGT position, your strategy — all intact, indefinitely.

Negative gearing is a bonus tool, not the strategy

Property builds wealth through capital growth and rental income. Tax benefits support the journey — and even under new rules, losses are carried forward and recovered at sale.

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Note: Newly constructed residential properties operate under a separate set of rules not covered in this guide. Speak to your accountant if you are specifically exploring that option.

Reform 1 of 3

Negative Gearing Changes

The biggest headline — but existing investors are protected.

What is negative gearing?

If your investment property costs you more than it earns in rent — for example, the mortgage repayments are higher than the rent — that loss used to reduce the tax you pay on your wages. That's negative gearing.

What actually changes from 1 July 2027?

If you buy an established property after Budget Night, rental losses are ring-fenced to residential property income only. They can no longer reduce your wages or salary. But they accumulate in a loss pool attached to your property — and that pool has real value at the back end.

How your carry-forward loss pool works
When rent turns positive

As rents rise over time, your property flips from loss to profit. Your accumulated losses are applied against that rental profit first — you pay zero tax on rental income until the entire pool is exhausted.

When you sell

Any remaining losses in the pool directly reduce your capital gain before CGT is calculated. If you've accumulated $60,000 in losses and your gain is $300,000 — you're only assessed on $240,000.

Important: Carry-forward losses can only be applied against residential property income and capital gains. They cannot be used against wages, salary, dividends, interest or any other income type.

WHAT'S YOUR SITUATION?

Fully Protected

You already own it — bought before 12 May 2026

Nothing changes. You keep full negative gearing for as long as you hold the property.

Fully Protected

Contract exchanged before 7:30pm, 12 May 2026 — even if not settled yet

Your exchange date counts, not settlement. You're grandfathered under the old rules.

Transition Period

Buying an established property between now and 30 June 2027

You can use negative gearing this financial year only. From 1 July 2027, losses ring-fence to property income.

Restricted

Buying an established property from 1 July 2027

Losses can only offset other property income — not wages. Losses carry forward — they're not lost.

No Change — Ever

Buying a brand new build — any time

New builds keep full negative gearing permanently. Losses can still reduce your wage tax.

Losses are never lost

Even if you can't use losses against wages, they carry forward to reduce tax on future rental income or when you sell. Think of it as a deferred tax benefit, not a deleted one.

SMSFs are completely exempt

Superannuation funds — including self-managed super funds — are excluded from all negative gearing changes. If you invest through an SMSF, nothing changes.

Reform 2 of 3

Capital Gains Tax — Updated Rules

When you sell a property, the profit is taxed differently from July 2027. Here's the simple version.

What used to happen (the old system)

When you sold a property you'd held for more than a year, you only paid tax on half of your profit. That was the "50% CGT discount."

What changes from 1 July 2027

Instead of halving your profit, the government adjusts your purchase price for inflation (CPI) — so you only pay tax on the real gain above inflation. A minimum tax of 30% also applies to any real gain.

Your existing gains are protected

All growth that happened before 1 July 2027 is still calculated under the old 50% discount rule. Only new growth after that date uses the new rules. You are not being taxed retrospectively.

50%
Old discount still applies to all gains up to 1 Jul 2027
CPI
New system adjusts for inflation — you pay tax on real gains only
30%
Minimum tax floor on any real gain from 1 Jul 2027
Main residence — still fully exempt

The home you live in is not affected by any CGT rule changes, new or old.

SMSFs — completely exempt from CGT changes

Super funds retain their existing CGT rules. The changes do not apply to properties held inside an SMSF.

New builds — you get to choose

If you invest in a new build, you can pick whichever CGT method gives you the better outcome when you sell. The old 50% discount remains available.

For SMSF Investors

SMSFs: A Clear Shield

If you're investing through a self-managed super fund, most of this Budget simply doesn't apply to you.

SMSF Position Summary
You are largely shielded
  • Negative gearing changes — SMSF excluded. No change to how rental losses work inside your fund.
  • CGT discount changes — SMSF excluded. Super funds keep the existing one-third CGT discount for assets held 12+ months.
  • 30% minimum CGT tax — SMSF excluded. Not applicable.
  • Discretionary trust minimum tax — Does not apply to complying super funds.
  • LRBA (borrowing inside SMSF) — Unaffected by this Budget. Strategy remains fully available.

WHY SMSF ACTUALLY GETS BETTER FROM HERE

Tax rate advantage widens

Super funds pay only 15% on rental income (0% in pension phase). Personal investors now face a 30% minimum on gains. SMSF property has become relatively more attractive, not less.

CGT discount preserved inside super

While the 50% personal CGT discount is being replaced, the super fund discount is untouched. Selling inside an SMSF remains more tax-effective than personal name for high-growth assets.

Speak to your SMSF adviser

While the structure is shielded, always confirm your specific trustee arrangements and SMSF deed with your accountant and SMSF auditor before acting.

Additional Reform

Discretionary (Family) Trust Tax

Only relevant if you hold investments through a family discretionary trust. You have time to act — but the clock has started.

What is a discretionary trust?

A structure that lets the trustee split income between family members — lowering the tax rate by spreading profits to people on lower incomes. Previously a significant tax advantage.

What changes from 1 July 2028

A minimum 30% tax rate applies to the trust's income — so the income splitting advantage narrows significantly. The trustee pays it at source; beneficiaries receive tax credits for it.

You have a 3-year window to restructure

From 1 July 2027, the government offers rollover relief — meaning you can move from a trust into a company or fixed trust with no capital gains tax on the transition. This window runs for 3 years. Act thoughtfully, but don't wait too long.

These structures are exempt

Fixed trusts, widely held trusts, SMSFs, deceased estates, charitable trusts, and primary production income are not affected by the minimum trust tax.

Good News for Workers

Tax Cuts — More in Your Pocket

This directly improves your take-home income — and your ability to service a mortgage.

$250 Working Australians Tax Offset

Every Australian worker earns a $250 annual tax refund automatically — applied at tax return time. No forms needed. Starts 1 July 2027.

$1,000 Instant Work Expense Deduction

Workers can deduct up to $1,000 for work expenses without receipts. Saves an average of $205. Starts 2026–27 income year.

Annual Income Annual Tax Saving vs 2023–24
$50,000Up to $2,050
$74,100 (median)Up to $2,638
$81,245 (average)Up to $2,816
$106,657Up to $3,451
$150,000Up to $4,905
$190,000+Up to $5,705

Includes 3 rounds of tax cuts + WATO + instant deduction from 2027–28. Source: Budget 2026–27.

The Bigger Picture

Why Property Fundamentals Remain Strong

Policy changes reshape the rules. They don't change the foundations. Here's why long-term property investment remains compelling.

Supply is still too low

Australia has a well-documented shortage of housing. Population keeps growing, construction is slow. That gap between supply and demand underpins rental yields and long-term property values.

Existing portfolios are fully protected

Properties bought before 12 May 2026 keep full negative gearing — forever. CGT rules only apply to growth after 1 July 2027. If you already own property, your position is secure.

Losses are never deleted

Under the new rules, rental losses on established properties carry forward. They don't disappear — they reduce your tax bill when you earn rental income or eventually sell.

Workers have more money

Over 13 million Australians get tax cuts — up to $2,816 more per year. That money flows into the rental market and supports demand. Strong renters mean stronger yields for investors.

Indexation protects real gains

The new CGT system actually rewards long-term holders. If inflation erodes your real gain, your taxable gain shrinks too. For patient investors holding through cycles, indexation can be a better outcome.

75,000 new owner-occupiers forecast

Treasury modelling projects ~75,000 additional owner-occupiers over the next decade. More people buying their own homes means more stable market values and less speculative volatility.

Immigration at historic highs

Australia's net overseas migration has reached some of the highest levels in the nation's history. Every new arrival needs a home — placing sustained, structural upward pressure on rental demand and occupancy rates, particularly across Sydney and Melbourne. More renters means stronger yields and lower vacancy risk for investors.

Construction costs are high and rising

Building materials and labour costs have increased sharply since 2020 and show no sign of reversing meaningfully. New housing takes longer and costs significantly more to deliver — placing a structural floor on replacement cost values. This makes existing, established properties increasingly difficult to replace at current prices, supporting long-term capital values.

Mark Your Calendar

Key Dates

The changes roll out in stages. Here's when each one matters.

Now
12 May 2026

Budget Announcement Night

All properties held at 7:30pm AEST today are grandfathered. Review your portfolio and trust structure with your adviser now.

Upcoming
1 January 2027

Ombudsman Support Opens

The Australian Small Business and Family Enterprise Ombudsman begins helping small businesses understand restructuring options, including incorporation via ASIC.

2027
1 July 2027

Negative Gearing & CGT Reforms Begin

New negative gearing rules take effect. CPI indexation and 30% minimum CGT begin for new gains. Rollover relief window opens for trust holders (3 years).

2027
1 July 2027

Worker Tax Cuts (WATO) Begin

The $250 Working Australians Tax Offset takes effect. The $1,000 instant work deduction is already available from the 2026–27 income year.

2028
1 July 2028

Discretionary Trust Minimum Tax Begins

If you hold investments through a family discretionary trust, the 30% minimum tax applies from this date. You have until 30 June 2030 to use the CGT-free rollover relief window to restructure if needed.

Your Action List

Practical Steps to Take Now

You don't need to rush — but being prepared early means better decisions later.

1

Confirm which properties are grandfathered

Check the acquisition date of every property you own. Anything held or under contract before 7:30pm AEST on 12 May 2026 is fully protected from the negative gearing changes — document this now.

2

Review your trust structure with your accountant

If you hold property through a discretionary trust, model the impact of the 30% minimum tax on your distributions. In many cases the impact is modest — but you need to know your number before deciding whether to restructure.

3

Estimate your property values as at 1 July 2027

For any property you plan to sell after July 2027, your accountant will need to establish its value at that date (as the new CGT cost base). The ATO will provide online tools — start thinking about this now for high-value assets.

4

Think about your next purchase — don't freeze

Carry-forward loss provisions mean rental losses are never lost. Established properties still offer strong long-term fundamentals. The case to buy thoughtfully hasn't gone away — speak to your adviser about how timing interacts with your income position.

5

If you're in an SMSF — confirm with your auditor but relax

Both reforms explicitly exclude superannuation funds. Confirm your specific structure is standard with your SMSF auditor, then recognise that your SMSF property investment strategy is intact.

Client Q&A

Questions We're Hearing Most

Straight answers. No jargon.

Fully Protected
My contract was exchanged before 7:30pm on 12 May 2026 — but settlement hasn't happened yet. Am I still covered under the old negative gearing rules?
Yes, absolutely. The Budget papers specifically say properties where "a contract has been entered into, but not yet settled" are grandfathered. Your exchange date is what counts — not settlement. You retain full negative gearing under the existing rules for as long as you hold this property.
All Properties Protected
I already own several investment properties. Are they all still eligible for negative gearing the way I currently use it?
Yes — every property you held at 7:30pm on 12 May 2026 is fully grandfathered. The existing negative gearing rules apply to those properties for as long as you own them. Nothing needs to change. The new rules only affect future purchases.
SMSF Exempt
I invest through an SMSF. Does any of this affect me?
No — SMSFs are explicitly excluded from both the negative gearing changes and the CGT reforms. Your fund's rental income is still taxed at the concessional 15% super rate, your existing CGT discount is intact, and your LRBA borrowing strategy is unaffected. If anything, SMSFs are now more attractive relative to personal name investing.
Existing Gains Protected
Do the CGT changes apply to all my existing investment properties — even ones I bought years ago?
Only to gains that accrue after 1 July 2027. Everything that grew in value before that date is still calculated under the old 50% discount rule. If you sell after July 2027, it's a split calculation — old rules for old growth, new rules for new growth. You are not being taxed on gains you've already made.
Losses Ring-Fenced
I'm about to buy an established property. What exactly changes under the new rules from July 2027?
From 1 July 2027, rental losses on established properties can't reduce your wage income — but they are never lost. They accumulate in a loss pool tied to that property and are recovered in two ways: first, as rents rise and the property turns cash flow positive, the pool offsets your rental profits (meaning zero tax on rental income until it's exhausted); and second, any remaining pool directly reduces your capital gain when you eventually sell — lowering your CGT bill at the back end. Note: the pool can only be applied against residential property income and capital gains — not wages, dividends or other income.
New Builds Fully Unaffected
Does buying a new build change the equation?
Yes — new builds are exempt from both reforms. They retain full negative gearing against wages and investors can choose either the old 50% CGT discount or the new indexation method when they sell. That said, new builds come with their own risks — construction delays, developer exposure, limited comparables for valuation, and typically weaker rental yields in the early years. Whether those trade-offs make sense depends entirely on your individual position and goals.
Review Your Structure
I hold investment properties in a family discretionary trust. What should I do?
Speak to your accountant. From 1 July 2028, a 30% minimum tax applies to trust income, reducing the benefit of income splitting. But there's a 3-year CGT-free rollover window from 1 July 2027 to restructure into a company or fixed trust. Model the impact first — in many cases the additional tax is modest — then act thoughtfully within the window.
Unchanged
What about commercial property and shares — are those affected?
The negative gearing changes apply to residential property only. Commercial property and shares are not affected — losses still offset all income. The CGT changes (indexation + 30% minimum tax) do apply to shares for individuals and trusts, but not for SMSFs. Your main residence remains fully CGT-exempt.

Stay ahead. Keep your strategy sharp.

Your portfolio is well-positioned. A quick annual review ensures your structure, timing, and next move continue to work in your favour — whatever the market or policy environment brings.

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