The Budget Decision at a Glance — 12 May 2026
CGT: 50% discount replaced with CPI indexation + minimum 30% tax on gains from 1 July 2027
Applies to: All CGT assets held by individuals, trusts and partnerships — property, shares, ETFs and more
Negative gearing: Restricted to new builds and government-backed affordable housing from 1 July 2027
Cut-off: 7:30pm AEST, 12 May 2026 (time of Treasurer's speech)
New builds: Exempt from NG restriction. CGT: choice of 50% discount or indexation — whichever is better
Existing assets (bought before 7:30pm tonight): Fully grandfathered — rules unchanged
Transitional (bought tonight to 30 June 2027): NG allowed until 30 June 2027, then losses carry forward against residential property income only — not salary. CGT gains apportioned: pre-July 2027 portion retains 50% discount; post-July 2027 portion under new rules.
SMSFs: Exempt — accumulation phase retains existing one-third CGT discount (effective 10% rate), pension phase retains 0% CGT
At the 2025 election: Government committed to maintaining existing CGT and negative gearing settings
In a budget Treasurer Jim Chalmers acknowledged carries "a lot of political risk," the Albanese government tonight overhauled two settings the government had committed at the 2025 election to maintain. Negative gearing will be restricted to newly built properties and government-backed affordable housing from 1 July 2027. The 50% capital gains tax discount will be replaced with inflation indexation and a minimum 30% tax on gains — applying not just to property, but to all CGT assets held by individuals, trusts and partnerships, including shares and ETFs held outside super. Both changes are triggered from 7:30pm AEST tonight and come with a one-year transition and full grandfathering for assets already held. Here's what it means for every type of investor.
What Was Actually Announced
Change 1 — Negative Gearing: New Builds and Affordable Housing Only from 1 July 2027
From 1 July 2027, negative gearing — offsetting investment property losses against salary or other income — will be restricted to newly built properties and properties forming part of government-backed affordable housing programs. The cut-off is 7:30pm AEST tonight. There are three groups of investors:
Which Group Are You In? — Negative Gearing
| Group | Property purchased | Negative gearing treatment |
|---|---|---|
| A — Grandfathered | Before 7:30pm tonight | Fully grandfathered — offset against all income indefinitely |
| B — Transitional | Tonight to 30 June 2027 | Offset against all income until 30 June 2027; after that, losses carry forward against residential property income only — not salary |
| C — New rules | From 1 July 2027 | Negative gearing available for new builds and government-backed affordable housing only — no limit on number of qualifying properties |
The carry-forward restriction on Group B properties is a meaningful change to the cash flow profile of any existing investment property purchased in this window. Losses don't disappear — they accumulate and can offset future rental income — but they no longer reduce your annual tax bill in the way negative gearing has traditionally worked.
Change 2 — CGT: Indexation Replaces the 50% Discount from 1 July 2027
The 50% CGT discount — in place since the Howard government's 1999 reforms — is being replaced from 1 July 2027 with CPI indexation. Under the new model, your original purchase price is indexed to inflation over the holding period. Only the gain above that inflation-adjusted cost base is taxable at your full marginal rate, subject to a minimum 30% tax floor.
Important: CGT Changes Apply to All Asset Classes
These CGT changes apply to all assets held by individuals, trusts and partnerships — not just residential property. Shares, ETFs, managed funds, and other investments held outside super are subject to the same rules from 1 July 2027. The new build choice (see below) is specific to residential property. The SMSF exemption covers super-held assets — but personally held share portfolios are affected.
Which Group Are You In? — CGT
| Asset type | CGT treatment on sale |
|---|---|
| Any asset held before 7:30pm tonight | Grandfathered — 50% discount applies on sale |
| New residential builds (any purchase date) | Choice of 50% discount or indexation — whichever is lower tax |
| Existing property / shares / ETFs bought tonight to 30 June 2027 | CGT apportioned — pre-July 2027 gains at 50% discount; post-July 2027 gains under indexation (min 30% tax) |
| Any new asset from 1 July 2027 | Indexation model, minimum 30% tax floor |
| SMSF assets (all) | Exempt — accumulation phase retains one-third CGT discount (effective 10% rate); pension phase 0% CGT |
For transitional assets — purchased between tonight and 30 June 2027 — CGT is apportioned at sale. Gains attributable to the period before 1 July 2027 retain the 50% discount; gains from 1 July 2027 onwards fall under the new indexation rules. Two methods apply: an actual market valuation at 1 July 2027, or an ATO apportionment formula. This adds complexity — professional tax advice at the time of sale will be essential.
How Indexation Compares to the 50% Discount — In Dollar Terms
The indexation model is not simply more or less tax in all cases. It depends on how much the asset grew relative to inflation over your holding period.
In a high-growth, low-inflation environment (most of Australian property history): indexation produces a higher tax bill — your real gain is almost as large as your nominal gain.
In a high-inflation, lower-real-growth environment: indexation could produce a lower tax bill — CPI erodes more of your nominal gain.
Worked Example — Asset Bought $600,000, Sold $1,000,000 (Top Tax Bracket, 47%)
Assumes CPI rose 25% over the holding period. Indexed cost base = $750,000. Taxable gain = $250,000.
| Old 50% discount | New indexation | |
|---|---|---|
| Taxable gain | $200,000 | $250,000 |
| Tax payable at 47% | $94,000 | $117,500 (+$23,500) |
Note on the 30% minimum tax: For a top-bracket taxpayer (47%), the marginal rate always exceeds the 30% floor — so they always pay at 47%. The 30% minimum only bites when an investor's marginal rate in the year of sale would otherwise fall below 30% — for example, a lower-income investor or someone in a year with little other income. Age Pension and JobSeeker recipients are exempt from the 30% minimum floor in years they realise a gain.
If inflation had been 50% over the holding period, the indexed cost base rises to $900,000, leaving only $100,000 taxable. At 47%, that's $47,000 — far less than $94,000 under the old model. In very high-inflation scenarios, indexation is more favourable. New build investors who can choose between both models will always benefit from whichever is lower at the time of sale.
See how the two models compare for your own numbers
CGT Calculator: Old vs New Rules →Enter your purchase price, sale price, holding period and CPI assumption to see the exact tax difference.
What This Means If You Already Own Investment Property
You are fully grandfathered. Tonight's changes do not apply to any property or other asset you held before 7:30pm AEST tonight:
- Your negative gearing deductions continue indefinitely against all income
- The 50% CGT discount applies when you sell, regardless of when that sale occurs
- Your cash flow and tax profile are unchanged
No action is required on your existing properties. However, use tonight as a prompt to review your loan structure — in a 4.35% cash rate environment, having your debt working efficiently has a bigger day-to-day impact on returns than any of tonight's tax changes.
What This Means If You're Buying an Investment Property
Buying an existing property (tonight to 30 June 2027)
You can negatively gear against your full income until 30 June 2027. After that, losses carry forward against residential property income only — not your salary. The CGT on sale is apportioned: gains to 1 July 2027 retain the 50% discount; gains after that date fall under indexation. These are material changes that affect the economics of the investment and will require careful tax planning at sale.
Buying a new build
New builds are the standout winner from tonight. Negative gearing is unrestricted — no limit on the number of properties. You choose between the 50% CGT discount or indexation at the time of sale, whichever produces a lower bill. If you were already considering new construction as an investment, the tax case is now clearly stronger than for existing properties.
Investing via SMSF
No change. The budget explicitly exempts SMSFs from these reforms. Your existing accumulation-phase one-third discount and pension-phase zero-CGT treatment are unchanged.
Holding shares or ETFs outside super
Assets held before tonight are grandfathered. New purchases from 1 July 2027 are subject to the indexation model and 30% minimum tax. If you hold a personal share portfolio, discuss the timing of any planned disposals with your accountant before that date.
What This Means for the Rental Market
Australia has 2.9 million renting households, 83% of whose homes are owned by private landlords. The industry's concern — raised loudly by Ray White, CPA Australia, and PIPA — was that restricting negative gearing without boosting supply would tighten the rental market. The Victoria data point remains the most relevant precedent: 24,000 rental properties were removed from the rental pool in a single year when that state changed land tax and compliance settings (REIV/PIPA data, 2023–24).
The government's response is the new build carve-out — attempting to redirect investor demand toward new construction where supply is actually created. Whether investors follow at 4.35% interest rates and current construction costs is the central question for rental supply over the next 12–24 months.
What Property Investors Should Do This Week
- Existing investors: No urgent action on your current properties — you're grandfathered. Use tonight as a prompt to review your loan structure. See our guide to investment property deductions for a full checklist of what you can still claim.
- Planning to buy an existing property: The window to access full negative gearing closes at 30 June 2027 — over a year away. Make decisions on investment fundamentals (yield, capital growth, loan serviceability), not just on locking in a concession that changes in 14 months. The carry-forward restriction and CGT apportionment rules add complexity — model these with your accountant before committing.
- Considering a new build: Tonight has made new construction structurally more attractive than existing property. Talk to a broker about construction loan options — the financing structure for a new build is different from a standard purchase, and getting it right from the start matters.
- Holding shares or ETFs outside super: Your existing holdings are grandfathered. Think about whether any planned disposals should occur before 1 July 2027, and get advice on the implications for your specific portfolio.
- Everyone: Talk to your accountant this week. The transitional rules, CGT apportionment, and carry-forward restrictions create genuine complexity. This is not a decision to make based on general commentary alone.
For the full history of the debate leading to tonight's decision, see our earlier articles: Negative Gearing & CGT Reform 2026 (February), Ray White and CPA Australia Sound the Alarm (March), and 2026 Federal Budget Preview (April).
Written by Amit Narang, Mortgage Broker | Credit Representative 558902 of Outsource Financial Pty Ltd (ACL 384324)
Sources: Australian Government, "Tax Reform — Budget 2026–27," budget.gov.au; Mortgage Professional Australia, "Property investors to get one-year reprieve on CGT, negative gearing reforms"; SBS News live blog, "Treasurer Jim Chalmers delivers the 2026 federal budget"; The Land / ACM, "CGT, trusts and negative gearing reforms revealed in bombshell federal budget"; Real Estate Business, "2026 Budget bombshell: Chalmers locks in CGT and NG overhaul"; AusTax.tools, "Federal Budget 2026 Summary"; REIV/PIPA data (2023–24), cited in Ray White Group research, March 2026.
Not Sure How Tonight's Budget Affects Your Investment Property?
Whether you own one property or several, tonight's changes to negative gearing and CGT affect your decisions from here. We can help you review your loan structure, understand the impact on new purchases, and make sure your financing is set up correctly under the new rules. Free, no-obligation review.
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