The timeline
| 12 May 2026, 7:30pm AEST | Budget night. Anything contracted before this is grandfathered. |
| 26 June 2026 | The Tax Reform No. 1 Act becomes law. |
| 26 August 2026 | The Tax Reform No. 2 Act extends grandfathering to surviving spouses, co-owners and relationship breakdowns, and to grandfathered homes when they're first rented out. |
| 30 June 2027 | Last day losses on affected properties come off your other income. |
| 1 July 2027 | Quarantine starts for affected properties. The CGT changes start for everyone. |
| From July 2028 | First tax returns with quarantined losses. |
What actually changes
Under the old rules, a rental loss always came off your salary and other income. For an affected property, from 1 July 2027 the loss becomes a "quarantined amount" under section 26-155 of the Income Tax Assessment Act 1997. You keep it, with no time limit, and use it against rental profits from residential property and against residential capital gains. It just can't reduce the tax on your wages any more.
That changes cash flow more than it changes the long-run maths. You lose the yearly refund, but you get the deduction back later, often against a capital gain that's taxed in full after July 2027. Depending on growth and your income, you can end up better or worse off overall. The negative gearing calculator shows which, for your property.
Who isn't affected
- Anyone who'd contracted to buy before 7:30pm AEST on 12 May 2026, for as long as they own it.
- New residential dwellings: built on vacant land, knock-downs that add dwellings, and new homes occupied for less than 12 months before their first sale (a draft would make it 24 months from the occupancy certificate).
- Shares, commercial property, super funds and widely held trusts.
Not new, for this purpose: a one-for-one knock-down rebuild, an extension, or a granny flat built next to an established home.
Common misunderstandings
- "Negative gearing is abolished." It isn't. Losses on affected properties are carried forward, not lost.
- "Refinancing resets the clock." It doesn't. The test is when you acquired the property.
- "Renting out my old home makes it a new purchase." It doesn't. The test is when you acquired the home, not when you started renting it, and the Tax Reform No. 2 Act switches off the rule that would otherwise treat it as bought again when first rented (s26-155(3AA)). A home bought before Budget night stays grandfathered; one bought after is caught.
- "The CGT cut-off is also 12 May 2026." No: 12 May is the negative gearing cut-off. The CGT changes start on 1 July 2027 for everything.
Questions people ask
Is negative gearing ending in Australia?
When does negative gearing stop?
Is negative gearing grandfathered for existing properties?
Contract date or settlement date?
Can I still negatively gear a new build?
What happens to the losses I can't deduct?
Does refinancing affect grandfathering?
What if I inherit a property, or my partner dies?
If I move out and rent my home, can I negatively gear it?
Does it apply to companies, trusts and SMSFs?
Will negative gearing changes reduce house prices or increase rent?
Sources
- Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49 of 2026)
- Treasury Laws Amendment (Tax Reform No. 2) Act 2026 (No. 71 of 2026)
- Treasury: Negative gearing and capital gains tax reform explainer
- Parliamentary Library Bills Digest 26bd067
- ATO: Tax reform, negative gearing and capital gains tax