Property Investment After Budget 2026: The Strategies That Still Work Now the Reform Is Law
Updated 5 October 2026 for the enacted Treasury Laws Amendment (Tax Reform No. 1) Act 2026. Data as at: Cotality Home Value Index, September 2026 (released 1 October); SQM Research vacancy, August 2026; RBA decision of 29 September 2026; bank forecasts at 2 October 2026. Legislation checked 5 October 2026. General information only, not personal advice.
The 2026 Budget's property tax measures are now law, and this guide sets out the post-budget 2026 property investment strategies that still work under them. The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 passed both houses on 25 June 2026 and received Royal Assent the next day. From 1 July 2027, rental losses on established dwellings bought after 7:30pm AEST on 12 May 2026 can no longer be deducted against salary, and the 50% CGT discount for individuals and trusts gives way to CPI indexation and a 30% minimum tax. Since 10 August 2026, self-managed super funds can borrow under new arrangements only for business real property, which rules out geared residential purchases.
The law arrived in a falling market. Cotality's national index fell 1.1% in September, its sixth monthly fall in a row, and sits 5.2% below the March 2026 peak. The cash rate rose to 4.60% on 29 September, the fourth increase this year.
On the rules as legislated and the market as it stands, our analysis is that four strategies still work and three are hit hardest, and that the 1 July 2027 CGT change is not by itself a reason to sell. For the mechanics of negative gearing, start with our complete negative gearing guide, explained under the enacted 2027 rules; this guide covers strategy.
Key takeaways
Quick answer
Four strategies still work under the enacted 2026 reform: eligible new dwellings, cash-flow neutral or positive established property, an unleveraged SMSF, and grandfathered property bought before 7:30pm AEST on 12 May 2026. The three hit hardest are loss-financed established purchases after the cut-off, short-hold capital-gain trading, and geared SMSF residential purchases, which are now prohibited.
- Nothing changes for negative gearing or CGT in 2026-27. Every investor deducts rental losses under the old rules until 30 June 2027.
- Grandfathering covers gearing only, and is unlimited. Property contracted before the cut-off keeps full negative gearing with no cap or expiry; its CGT method still changes on 1 July 2027.
- Gains to 30 June 2027 keep the 50% discount through a deemed disposal, with tax deferred until you sell. There is no tax reason to rush a sale.
- A contract signed today is on the new side of the line. On our illustrative $700,000 established purchase, a $90,000 earner loses a $6,426 a year salary offset from 2027-28 (about $124 a week), and the ten-year break-even growth rate rises from about 2.1% to 2.8% a year.
- The new-dwelling carve-out is in the Act, but its definition is still a Treasury consultation draft.
- Yield is now the central number. National gross yields are 3.85%, the highest since August 2019, but an 80% interest-only loan at an assumed 6.75% needs roughly 6.9% gross for a house (about 7.9% for a unit) to break even before tax.
At a glance: what still works and what is hit hardest
Quick answer
The enacted reform narrows one arbitrage: deducting losses on established property bought after 12 May 2026 against salary. New-dwelling investing, yield-first investing and holding grandfathered property remain open. SMSF property survives on tax but has lost access to residential borrowing.
| # | Strategy | Best fit | Tax position (enacted law) | Role over five years (our view) |
|---|---|---|---|---|
| 1 | New-dwelling investor | Higher-income earner who values the deduction; patient on settlement | Losses not quarantined; CGT discount kept on later growth; definition pending | Policy-favoured, with settlement and developer risk in a falling market |
| 2 | Yield-first cash-flow investor | Self-employed, mid-income, pre-retiree, portfolio builder | Nothing to quarantine if there is no net loss | Defensive core; gains most from thinner investor competition |
| 3 | Unleveraged SMSF investor | Fund that can buy with cash and stay diversified | Outside quarantining, deemed disposal and minimum tax; one-third discount kept | Narrower; suits cash-rich funds and business real property |
| 4 | Grandfathered long hold | Owners of property contracted before 7:30pm AEST, 12 May 2026 | Negative gearing kept for life; CGT changes from 1 July 2027 with accrued discount protected | Hold and extract equity; status cannot be replaced once sold |
Source: Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026), Schedules 1, 2 and 5. "Role" column is our analysis.
| Strategy hit hardest | Why | |
|---|---|---|
| A | Loss-financed established property bought after the cut-off | Losses quarantined from 1 July 2027; the investor carries the full pre-tax shortfall |
| B | Short-hold, fast-gain trading | Post-2027 real gains taxed at full marginal rates (30% minimum) instead of half the nominal gain |
| C | Geared SMSF residential purchases | New limited recourse borrowing over any real property other than business real property prohibited from 10 August 2026 |
Source: as above. Ranking of impact is our analysis.
What the enacted law changed, and what is still pending
Quick answer
Three property measures are law. Negative gearing quarantining applies from 1 July 2027 to established dwellings acquired after 7:30pm AEST on 12 May 2026. The CGT discount for individuals and trusts is replaced from 1 July 2027 by CPI indexation plus a 30% minimum tax, with gains to 30 June 2027 protected. Since 10 August 2026, an SMSF can enter a new borrowing arrangement only over business real property, so geared residential purchases are banned. The new-dwelling definition and ATO valuation guidance are still pending.
Negative gearing quarantining (Schedule 2, new s 26-155). From the 2027-28 income year, a net rental loss on an established residential dwelling last acquired after 7:30pm AEST on 12 May 2026 is quarantined. The contract date generally counts, not settlement. The rule applies to individuals, companies and trusts alike; the only entity carve-outs in s 26-155(4) are widely held unit trusts and complying super funds. Outside the rule sit grandfathered dwellings (no cap, no expiry), new residential dwellings, and activities the Minister determines, such as social and affordable housing.
A quarantined loss can offset income from quarantined dwellings, net rental income from other dwellings (including grandfathered ones) and revenue or capital gains on residential property. Unused amounts carry forward indefinitely, unless extinguished on bankruptcy, but can no longer reduce salary, business income or non-property investment income.
The CGT method (Schedule 1). From 1 July 2027, individuals and trusts lose the 50% discount and instead index the cost base for CPI, with a 30% minimum tax under Division 119. A deemed disposal at market value just before 1 July 2027 (s 112-155) preserves the discount on gains to 30 June 2027, with tax deferred to the actual sale. Companies never had the discount. Complying super funds keep their one-third discount and are excluded from the deemed disposal and the minimum tax. New dwellings keep a 50% discount on later growth, with the option of indexation and the 30% minimum instead (ss 115-100(a) and 115-102).
The SMSF borrowing ban (Schedule 5). Since 10 August 2026, a fund cannot enter a new limited recourse borrowing arrangement over real property unless it is business real property (SIS Act s 67A(2)(c)). Earlier arrangements are grandfathered, including maintaining and refinancing them, as are acquisitions contracted before commencement that settle later.
| Pending item | Status at 5 October 2026 |
|---|---|
| Definition of "new residential dwelling" | The Act leaves it to a Ministerial instrument, not yet made. Treasury's August 2026 consultation proposes writing it into the Act instead; its draft includes a purchase within 24 months of the first occupancy certificate. Consultation closed 21 August 2026 |
| ATO valuation-evidence guidance for 30 June 2027 | Not published |
| CPI indexation factors | Not published |
| s 112-185 apportioning determination | Exposure draft; consultation closed 21 August 2026; not registered |
| Tax Reform No. 3 (inheritance, relationship breakdown, joint tenancy) | Exposure draft; consultation closed 21 August 2026; Bill not introduced |
| 30% minimum tax on discretionary trusts from 1 July 2028 | Exposure draft 3 September; submissions closed 18 September; not introduced |
Source: Federal Register of Legislation (Act No. 49, 2026); Treasury ministerial release and consultation materials, 4 August 2026; ATO new-legislation pages. Status as at 5 October 2026.
Important: Grandfathered means contracted before 7:30pm AEST on 12 May 2026. A property bought in June 2026, or one you sign for this week, is a post-cut-off purchase.
The market the reform landed in
Quick answer
As at September 2026, national values were 5.2% below their March peak after six monthly falls, and 97% of capital-city suburbs fell over three months. Gross yields have risen to 3.85%. The cash rate is 4.60% after four rises this year, with two big four banks expecting a fifth in November. Formal forecasts cluster at a 9% to 13% peak-to-trough fall.
| Indicator | Latest | As at |
|---|---|---|
| National values, month / from March peak | −1.1% / −5.2% | September 2026 |
| Sydney from February peak | −8.6% | September 2026 |
| National gross yield | 3.85% (highest since August 2019) | September 2026 |
| Sales, three months, year on year | −19.1% | September 2026 |
| Capital-city median days to sell | 39 (23 a year earlier) | September 2026 |
| National vacancy (SQM) | 1.3% | August 2026 |
| Cash rate | 4.60% | 29 September 2026 |
| New investor loan commitments, quarter | −8.6% number, −10.2% value | June quarter 2026 |
| Forecast peak-to-trough cluster | 9% to 13% | 2 October 2026 |
Source: Cotality Home Value Index, September 2026 (released 1 October 2026), as first published; SQM Research, August 2026; RBA, 29 September 2026; ABS Lending Indicators, June quarter 2026; forecasts as compiled in our forecast scorecard, 2 October 2026.
Darwin was the only capital to rise in September. Rents rose 5.5% over the year, but September's monthly gain of 0.3% was the smallest since May 2025; on our reading, recent yield gains are coming more from falling prices than from rising rents. Our September index analysis has the city detail. Cotality's Tim Lawless noted that "97% of capital city suburbs were down in value over the three months to end of September"; Cotality's outlook is that "the most likely outcome remains a gradual drift lower in housing values rather than a material downturn".
On rates, the next RBA decision is on 3 November. Westpac and ANZ expect 4.85%; CBA, NAB and AMP expect a hold. On prices, peak-to-trough forecasts are CBA 9% national, Macquarie about 10%, ANZ 10.6% for the capitals and HSBC 13%, within a range from Westpac's 7.3% (five capitals) to the top of AMP's 10% to 15%. Our house price forecast scorecard tracks each against the index.
Cotality also links part of the weakness to the reform: "Less favourable negative gearing and capital gains tax arrangements have already seen a sharp reduction in investor demand." Our analysis: with rates and tax moving at once, no single price move can be pinned on the reform. These conditions favour buyers with cash, patience and a cash-flow-first test.
Strategy 1: the new-dwelling investor
Quick answer
For an ordinary investment purchase made after 12 May 2026, an eligible new dwelling is the main way to keep rental losses deductible against salary. It also keeps a 50% CGT discount on later growth, and loans to buy it are exempt from APRA's DTI limit. The risks are a definition not yet law, settlement valuations in a falling market and developer premiums.
The tax and finance case
For a fresh purchase, a qualifying new dwelling is the main way to keep a deduction against salary; the other exemptions cover dwellings leased for purposes the Minister determines, such as affordable housing. On a later sale, the owner can choose the 50% discount or indexation with the 30% minimum, and the discount is worth most when growth is strong (see the CGT table under Strategy 3). The 2017 limit on depreciating previously used plant and equipment does not apply to a genuinely new dwelling, so the first owner can claim items such as appliances (a quantity surveyor's schedule sets the value). APRA's DTI limit also exempts loans for buying or building new dwellings, which matters near six times income, though APRA's lending test is not the tax definition below.
What qualifies is still pending
The Act leaves the definition of "new residential dwelling" to a Ministerial instrument, and none has been made. On 4 August 2026 Treasury released draft rules for consultation and said the final definition would go into the Act instead. In the Treasurer's release, a property would generally be "new" where it "genuinely adds to housing supply, provided the property was acquired within 24 months of a certificate of occupancy being issued", extending the 12 months set out in the Budget.
Treasury's explanatory material on the draft sets out four cases. Each requires a dwelling in Australia whose occupancy certificate was first issued after 7:30pm AEST on 12 May 2026 (a transitional rule covers developers' unsold earlier stock), held as an interest another party could buy:
- Basic case: a dwelling built or installed on land that had no habitable dwelling when bought, including a house rebuilt after a derelict or condemned building is demolished.
- Adding dwellings: extra dwellings on land that already had one, such as a separately titled second house after subdivision (the original house stays established).
- Conversion: a non-residential building converted into dwellings.
- Purchase within 24 months: buying a dwelling that was new for the seller, no more than 24 months after its first occupancy certificate. Treasury expects this to cover off-the-plan purchases, which settle after the certificate issues.
The same material says a granny flat without its own title takes the status of the main dwelling (negatively gearable if the main dwelling is grandfathered, quarantined if it is not), and that a reissued occupancy certificate after a substantial renovation does not make a dwelling new. An anti-avoidance rule would deny new status to arrangements designed to manufacture it. Consultation closed on 21 August; no Bill has been introduced.
Our reading: until the definition is enacted, price any purchase whose tax case depends on the detail (a resale late in the 24-month window, a rebuild, an untitled granny flat) as if it were established.
Important: "Negative gearing approved" in developer marketing is not a legal opinion. Ask your conveyancer and tax agent how the specific dwelling would be treated, and recheck once the definition is enacted.
The risks to price in
Settlement valuation. Off-the-plan contracts often settle 12 to 24 months after exchange. With values 5.2% off their peak and forecasts pointing lower, the lender's valuation can come in below the contract price, leaving a gap to fund in cash. Our suggestion: hold a buffer for a 5% to 10% shortfall rather than counting on refinancing.
Developer premium. New stock usually costs more than comparable established stock. Our new build versus established comparison sets out a method for testing the premium; apply it with the enacted rules in this guide.
Builder strength. Check the developer's delivery record, confirm home warranty or compensation-fund cover, and prefer fixed-price contracts with buyer-protective sunset clauses.
Policy. The purchase should still make sense if the Opposition's repeal pledge were carried out and the new-dwelling advantage disappeared.
Who it fits: investors on the 37% or 45% rate who can carry a shortfall, wait for settlement and hold a valuation buffer, including those near the DTI threshold. It does not suit first-time investors with thin buffers, anyone who needs rent immediately, or a plan that depends on an edge-case property qualifying.
Strategy 2: the yield-first cash-flow investor
Quick answer
A property with no net rental loss has nothing to quarantine, so the reform leaves a neutrally or positively geared purchase untouched. With loss-financed buyers stepping back and yields at a seven-year high, yield-first buyers face less competition. Few properties are cash-flow positive at today's rates, so most need a larger deposit or a higher-yield market.
Why the reform helps cash-flow buyers
An investor who never relied on a salary offset gives up nothing on 1 July 2027. Competing buyers who used the offset to outbid them on low-yield established stock have lost that support. Our reading is that this thins competition where loss-financed investors were active; the June-quarter fall in investor lending fits that reading but cannot prove cause on its own.
The arithmetic that sets the bar
Here is the reform's effect on a post-cut-off established purchase by an investor on a $90,000 salary.
| Line | FY2026-27 (old rules) | FY2027-28 onward (quarantined) |
|---|---|---|
| Gross rent ($560 a week) | $29,120 | $29,120 |
| Interest (6.75% interest-only on $560,000, assumed) | −$37,800 | −$37,800 |
| Rates, insurance, management, maintenance | −$8,900 | −$8,900 |
| Capital works deduction (non-cash) | −$2,500 | −$2,500 |
| Net rental loss | −$20,080 | −$20,080 |
| Pre-tax cash shortfall | −$17,580 | −$17,580 |
| Tax saving against salary (32% incl. Medicare levy) | +$6,426 | $0 (loss carried forward) |
| After-tax cash cost | −$11,154 (about $215 a week) | −$17,580 (about $338 a week) |
Assumptions: illustrative. $700,000 established dwelling, 80% LVR. 6.75% interest-only is the site's assumed post-hike rate (RBA Table F6 July 2026 new investor interest-only rate of 6.50% plus the 25 basis point September rise, full pass-through), not a market quote. 2026-27 resident tax rates; taxable income stays in the 30% bracket; no vacancy; no other residential income to absorb the quarantined loss. Rounded to the nearest dollar.
The lost offset is $6,426 a year, about $124 a week. The loss still carries forward against future residential rental profit and residential capital gains, so its value arrives when the property turns a profit or is sold, not in each year's tax return.
Over a ten-year hold with an illustrative $50,000 of buying and selling costs, the property needs about 2.1% a year growth to return the investor's money if grandfathered, and about 2.8% if bought now (our calculation, before CGT and before using the carried-forward loss, which would lower the second figure). To break even on cash before tax, the rent would need to be about $898 a week, against $560 today.
As a rule of thumb, at 80% LVR and an assumed 6.75% interest-only rate (interest of 5.4% of value), a house with holding costs near 1.5% of value needs roughly 6.9% gross to be cash-flow neutral before tax, and a unit with costs near 2.5% about 7.9%; at 60% LVR, about 5.6% and 6.6%. These match the cost bands in our yield rankings; the worked example's costs are lower (about 1.3% of value), so its $898 break-even rent is a gross yield of about 6.7%.
Where the yield is (as at September 2026)
Our 2026 rental yield suburb rankings carry the full tables. For strategy purposes:
- Darwin yields 6.5% (units 7.5%) on 0.4% vacancy and was the only capital to rise in September; Karama units (7.67%) and Berrimah houses (7.56%) lead the realestate.com.au type-split data to April 2026. It is a thin market with a history of long flat spells.
- Inner-Melbourne units are the strongest large-capital yields (Melbourne units average 5.2%) but have a weak growth record, so we treat them as income assets.
- Perth's sub-$800,000 house belt (Cannington and Bullsbrook at 5.0% on REIWA's 2025-26 tables) has 0.6% vacancy, but values are 6.0% off their April peak and listings have risen sharply.
- Adelaide has 0.6% vacancy but yields only 3.6%; Salisbury units, once a 6% story, sit at about a $525,000 median and 5.05% on our September Top 10 verification.
- Diversified regional centres at 5% to 6%, such as Launceston's northern suburbs and Mackay units, avoid mining-town volatility.
Our yield expansion analysis explains the mechanics; our positive cash flow property guide covers the full-cost method.
The yield trap
High yield often comes with low growth: on illustrative numbers, $400,000 growing at 1.5% a year is worth about $539,000 after 20 years, and at 4% about $876,000. Before buying for yield, run the five-check screen from our yield rankings: vacancy under 2% and stable, population and jobs growing, no dominant single employer, rents affordable locally, and a flat or rising five-year price trend.
Who it fits: self-employed and contract investors, income-seeking pre-retirees, portfolio builders who need serviceable assets, and anyone buying established stock after the cut-off.
Strategy 3: the unleveraged SMSF (and business real property)
Quick answer
Complying super funds are outside quarantining, the deemed disposal and the 30% minimum tax, and keep their one-third CGT discount. But since 10 August 2026 a fund can enter a new limited recourse borrowing arrangement only over business real property, so a new residential purchase must be funded with cash. Division 296 taxes realised earnings above $3 million.
What survived and what did not
A fund's tax position is unchanged: losses are not quarantined, gains on assets held more than 12 months are taxed at an effective 10% in accumulation, and assets supporting retirement-phase pensions are generally exempt. Borrowing is now limited to business real property, and existing residential arrangements are grandfathered. A cash purchase can put most of a fund into one illiquid asset, which the fund's investment strategy must justify on diversification and liquidity. Our SMSF residential LRBA ban guide covers the transition, and our business real property guide covers the route that can still borrow.
The CGT comparison under the enacted rules
Tax on the same gain by structure, for a $500,000 purchase held ten years with all growth after 1 July 2027:
| Growth a year | Nominal gain | Individual, established (indexation, 47%) | Individual, new dwelling (lower of two methods) | SMSF accumulation (10%) | SMSF retirement phase |
|---|---|---|---|---|---|
| 3% | $171,958 | $0 | $0 | $17,196 | $0 |
| 5% | $314,447 | $66,970 | $66,970 | $31,445 | $0 |
| 7% | $483,576 | $146,460 | $113,640 | $48,358 | $0 |
Assumptions: our illustrative calculation. CPI 3% a year (cost-base uplift $171,958); individual at 45% plus 2% Medicare levy with other income above $190,000; new dwelling uses whichever of the 50% discount and indexation gives less tax, the choice s 115-102 provides (as described in Treasury's August 2026 explanatory material); SMSF accumulation at 15% with the one-third discount; retirement phase assumes the asset wholly supports retirement-phase pensions within the transfer balance cap. Ignores Division 296, costs and quarantined losses; the 30% minimum does not bind at 47%. The ATO has not published indexation factors.
For an individual taxed at 30% or more, the new method beats the old discount when growth is close to inflation and costs more when growth runs well ahead of it. The crossover is where the nominal gain is twice the indexation uplift: about 5.4% a year over ten years at 3% CPI. The new-dwelling choice and super's lower rate both save the most when growth is fast, and retirement phase removes the tax altogether.
Division 296
The Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026 (Royal Assent 13 March 2026) commenced on 1 July 2026. It taxes realised earnings only (an unsold property's revaluation is not taxed): an extra 15% on earnings attributable to balances above $3 million and a further 10% above $10 million, with thresholds indexed. Funds can make an optional, irrevocable cost-base reset to 30 June 2026 values; the first measurement date is 30 June 2027. Our Division 296 property action guide works through the reset.
Who it fits: funds that can buy outright and stay diversified, members with long horizons, and business owners whose fund can buy their premises as business real property.
Strategy 4: the grandfathered long hold
Quick answer
Property contracted before 7:30pm AEST on 12 May 2026 keeps full negative gearing for as long as you own it, with no cap and no expiry. Once sold, that status cannot be recreated, because a replacement established purchase falls under the new rules. For most grandfathered owners the default is to hold and, where capital is needed, refinance.
Worth more to its owner than to any buyer
A grandfathered property's treatment belongs to its current owner; a buyer acquires a post-cut-off dwelling with quarantined losses. A deeply negatively geared established property is therefore worth more after tax to its grandfathered owner than to a new investor, and our reading is that this wedge discourages sales by grandfathered owners and lowers what new investors will pay for loss-making stock.
Two qualifications apply. Grandfathering protects gearing only; the CGT method still changes on 1 July 2027, with the deemed disposal protecting gains to that date. And status depends on the ownership interest staying put: a refinance does not change it, but moving ownership into a trust or between spouses can, so take tax and duty advice before any transfer.
Extract rather than trade
If you need capital for another purchase, refinancing a grandfathered property usually preserves more value than selling, which triggers CGT, transaction costs and the permanent loss of the deduction. Finance sets the limit, because equity release adds debt that lenders will assess at roughly 9.65% to 9.75% on new investor lending, and larger portfolios may meet APRA's DTI limit. Our exit strategy guide runs the full sell-refinance-hold decision.
Selling still makes sense for a broken asset (chronic vacancy, defects, a declining local economy), when one property is most of your net worth, or when a planned need for cash can be timed for a low-income year.
Pro tip: Record the exchange date and time from the contract for every property you own against 7:30pm AEST on 12 May 2026, and keep the contract with your tax records for your accountant.
The three strategies hit hardest
Quick answer
Loss-financed established purchases after 12 May 2026 lose the salary offset from 1 July 2027 and have to work on pre-tax cash flow. Short-hold, fast-gain trading pays more tax on post-2027 gains because real gains are taxed at full marginal rates. Geared SMSF residential purchases are no longer possible for new arrangements.
A. Loss-financed established property bought after the cut-off. On the worked example, a $90,000 earner's after-tax cost rises from about $215 to about $338 a week from 2027-28. At higher incomes the lost offset is larger: a $145,000 earner would lose about $7,100 a year on the same property, because part of the loss falls in the 39% band (our arithmetic). Portfolio investors are hit less, because a quarantined loss can absorb net rental income from grandfathered properties.
B. Short-hold, fast-gain trading. From 1 July 2027, individuals and trusts are taxed on the CPI-indexed real gain, with a 30% minimum, instead of half the nominal gain. For investors taxed at 30% or more, the new method costs more whenever the nominal gain exceeds twice the indexation uplift, and fast gains from renovation or subdivision are mostly real. The effect per deal is moderate. Buying for $700,000 after 1 July 2027 and selling two years later for $800,000, with 3% CPI, a top-rate trader would pay about $26,960 against $23,500 under the old discount (our illustrative arithmetic, ignoring costs). For established stock bought after the cut-off, holding losses are quarantined as well.
C. Geared SMSF residential purchases. New arrangements are prohibited from 10 August 2026. Geared purchases survive only for funds that contracted earlier, and for business real property.
Investor takeaway: If your plan was A, B or C, pick from the four strategies above; for most post-cut-off buyers of established stock, that means Strategy 2.
Borrowing power: rates, the buffer and the DTI limit
Quick answer
Borrowing capacity has been squeezed by four rate rises in 2026, APRA's 3 percentage point serviceability buffer and APRA's limit on high debt-to-income lending since 1 February 2026. For post-cut-off established purchases, some lenders may also give less credit for the tax benefit of rental losses from 1 July 2027. Policy varies, so test more than one lender.
Assessment rates. APRA expects lenders to assess serviceability at the loan rate plus a 3 percentage point buffer: roughly 9.65% to 9.75% on a new investor rate of 6.65% to 6.75%. Our RBA rate rise analysis estimates the September rise alone cut the maximum 30-year loan by about 2.1%, income and expenses unchanged; results vary by lender.
The DTI limit. From 1 February 2026, APRA requires authorised deposit-taking institutions to limit residential mortgage lending with a debt-to-income ratio of 6 times income or higher to 20% of all new mortgage lending. The cap applies separately to owner-occupier and investor lending, measured quarterly, and exempts loans for new dwelling purchases and construction and owner-occupier bridging loans. At a $145,000 income, six times is $870,000 of total debt. Our APRA DTI guide covers how lenders apply it.
The tax benefit in serviceability. Many lenders have taken some account of the tax benefit of negative gearing when assessing income ($6,426 a year on our worked example). For a post-cut-off established property, that benefit stops from 1 July 2027. We would expect lenders to reflect this over time, but how and when is each lender's policy, so ask a broker how each lender treats losses on post-cut-off property.
Important: The finance test can fail even when the property test passes. Run serviceability without any tax benefit from post-cut-off established losses after 30 June 2027, at a rate at least one percentage point above today's.
Five investor profiles (illustrative)
Quick answer
A first-time investor buying now chooses between a clearly qualifying new dwelling and a cash-flow-first established purchase. A grandfathered portfolio owner holds and uses grandfathered rental profit to absorb new losses. An SMSF that planned a geared residential purchase buys with cash, buys business real property or stays in other assets. A pre-retiree does not need to sell before 1 July 2027.
These profiles are hypothetical and simplified.
Profile 1: first-time investor, contracting in October 2026
Situation: Age 34, $145,000 salary, renting, about $150,000 in savings. Any contract now is post-cut-off.
Reasoning: An established purchase gets the salary offset in 2026-27 only; on the $700,000 example, about $7,100 a year is lost from 2027-28 at this income. A new dwelling keeps the offset, but off-the-plan settlement risk weighs heavily on a first purchase with a thin buffer.
Strategy: A cash-flow-first established purchase at a lower price point in a tight-vacancy market, or a completed new dwelling whose occupancy-certificate date and qualification can be checked before exchange. Our rentvesting guide covers renting while investing.
Profile 2: four-property couple, one purchase after the cut-off
Situation: Ages 48 and 46, $180,000 combined income, $1.1 million equity. Three properties contracted before 12 May 2026; one contracted in June 2026, so quarantined from 1 July 2027.
Reasoning: The June property's losses can offset net rental income from the three grandfathered properties. Selling it would cost transaction fees and possibly a loss in a falling market.
Strategy: Keep all four and have the tax agent estimate how much grandfathered rental profit can absorb the quarantined loss. With four mortgages against $180,000 of income (six times is $1.08 million), any further purchase is more likely to fit lending limits as a new dwelling, which is DTI-exempt.
Profile 3: SMSF that planned a geared residential purchase
Situation: Members aged 52 and 50, $900,000 fund, planning a geared $650,000 residential purchase not contracted before 10 August 2026.
Reasoning: Borrowing is no longer available, and a cash purchase would put about 72% of the fund into one asset. Division 296 is not relevant at this balance.
Strategy: With the fund's adviser, compare a cheaper cash purchase (if the investment strategy can justify the concentration), business real property for a member's business, and staying diversified.
Profile 4: pre-retiree with a large grandfathered gain
Situation: Age 61, Sydney house bought in 2012, planning to sell around 2028 after retiring.
Reasoning: The deemed disposal protects the 50% discount on the gain to 30 June 2027 whenever the house sells. Sydney is 8.6% below its February peak, so selling early to get ahead of 1 July 2027 saves no tax and could cost on price. If values fall after 30 June 2027, a tax agent should model how that loss interacts with the deferred gain.
Strategy: Hold to the planned sale, collect valuation evidence around June 2027, and consider selling in the first full retirement year. Our 1 July 2027 CGT guide and CGT sell-versus-hold calculator test the timing.
Profile 5: high-income professional who wants a deduction
Situation: $230,000 salary, one grandfathered property, wants a second investment and values the deduction.
Reasoning: At 47%, the offset an established purchase loses from 2027-28 is large. A new dwelling keeps it, and its CGT choice is worth most if growth is strong, against a developer premium and settlement risk.
Strategy: Compare a qualifying new dwelling with an established property on total after-tax return, using our negative gearing calculator and our grandfathering and transition plan.
Where each strategy fits: the city map
Quick answer
As at September 2026, Darwin is the clearest yield-first market (6.5% gross, 0.4% vacancy, still rising). Perth, Adelaide and Hobart combine tight vacancy with mid-range yields. Sydney has the lowest yield, and Sydney and Melbourne the largest falls from peak, which suits grandfathered holders and selective new-dwelling buyers more than post-cut-off established buyers. Canberra has the loosest vacancy.
| Market | From peak (Sep 2026) | Gross yield (Sep 2026) | Vacancy (SQM, Aug 2026) | Strategy fit (our view) |
|---|---|---|---|---|
| Sydney | −8.6% (Feb 2026 peak) | 3.4% | 1.7% | Grandfathered holds; selective new dwellings. Yields too low for cash-flow-first at 80% LVR |
| Melbourne | −7.5% (Mar 2022 record) | 4.1% | 1.8% | Inner-city units for income (weak growth record); new dwellings for patient buyers |
| Brisbane | −5.4% (May 2026 peak) | 3.5% | 0.9% | Tight rentals, compressed yields after the boom; new dwellings and selective units |
| Perth | −6.0% (Apr 2026 peak) | 4.0% | 0.6% | Yield-first in the sub-$800,000 house belt; watch listings |
| Adelaide | −2.9% (May 2026 peak) | 3.6% | 0.6% | Tight vacancy, thin yields; infill units and lower price points |
| Darwin | −0.2% (Jul 2026 peak); +0.4% in Sep | 6.5% | 0.4% | Strongest yield-first case among capitals; thin market |
| Hobart | −2.0% (Mar 2022 record) | 4.4% | 0.6% | Mid-range yield, tight vacancy; already through its downturn |
| Canberra | −6.2% (May 2022 record) | 4.4% | 2.1% | Caution: loosest vacancy, slow unit rent growth |
| Combined regionals | −2.2% (May 2026 peak) | 4.3% | n/a | Diversified centres for yield; resource towns only with cash you can afford to see fall sharply |
Source: Cotality Home Value Index, September 2026 (released 1 October 2026), as first published; SQM Research National Residential Vacancy Rates, August 2026. "Strategy fit" is our analysis, not a recommendation.
The traps to avoid before 1 July 2027
Quick answer
Do not sell a grandfathered property to lock in the 50% discount, because the deemed disposal already protects gains to 30 June 2027. Do not buy off the plan without a buffer for a lower settlement valuation, move existing property into a trust or company to get around the rules, or assume a property counts as new before the definition is law.
Trap 1: selling to beat 1 July 2027. The gain to 30 June 2027 keeps the discount whenever you sell, while an early sale gives up grandfathered gearing permanently and, in a falling market, may mean a weaker price.
Trap 2: off-the-plan without a valuation buffer. With forecasts pointing lower, a buyer without cash to cover a below-contract settlement valuation may be unable to settle.
Trap 3: restructuring to "beat the cap". Moving a personally held property into a trust or company is generally a CGT and stamp duty event and can end grandfathering. Companies are inside quarantining anyway. Our trust versus personal name guide covers the trade-offs; the proposed 2028 trust minimum tax is another reason to take advice first.
Trap 4: relying on an edge-case "new" property. Under Treasury's draft, a substantial renovation or an untitled granny flat does not create a new dwelling, and resales late in the 24-month window or rebuilds turn on detail that could change before enactment. Price them as established until the definition is law.
The 12-month outlook: scenarios, positions and our view
Quick answer
The next year brings a November rate decision, the new-dwelling definition, ATO valuation guidance and the 1 July 2027 start. Our base case is a further gradual price decline with rising yields, in line with Cotality's view. The Coalition has pledged repeal; the next federal election is due by 2028.
Dates to watch: the RBA on 3 November, the pending items in the table above (none with a confirmed date), the 30 June 2027 valuation date and the 1 July 2027 start.
The Government presented the package as redirecting investor concessions toward new supply while protecting existing investors through unlimited grandfathering. The Opposition voted against the Bill; Angus Taylor committed in his Budget reply to repealing the negative gearing and CGT changes, and Shadow Treasurer Tim Wilson restated that after passage. Industry and data providers: Cotality links part of the fall in investor demand to the changes, and the Housing Industry Association's modelling, which we analysed in March, argued before passage that the carve-out would not fully replace lost investment in established rental stock.
Our view, with moderate confidence:
- Base case. Values drift lower into the first half of 2027, broadly within the forecast cluster, while yields keep rising as prices fall. This favours Strategy 2 buyers with deposits and patience.
- Downside case. A November rise to 4.85% and weaker employment push falls toward the top of the range, raising off-the-plan settlement risk and tightening serviceability, with highly geared owners hit hardest.
- Upside case. Inflation eases and rate cuts come into view in 2027, so falls stop earlier.
In every case the 1 July 2027 start stays fixed unless Parliament changes it, and repeal would need a change of government and new legislation. We treat repeal within a normal holding period as unlikely but possible; Australia's 1985 quarantining regime was reversed in 1987.
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Frequently asked questions
Quick answer
Grandfathered owners keep negative gearing indefinitely; post-cut-off established buyers lose the salary offset from 1 July 2027; new dwellings and super funds are outside quarantining; SMSFs cannot borrow for new residential purchases; gains to 30 June 2027 keep the 50% discount.
What property investment strategies still work after the 2026 Budget reforms became law?
Four still work under the Treasury Laws Amendment (Tax Reform No. 1) Act 2026: eligible new dwellings, which keep negative gearing against salary; cash-flow neutral or positive established property, which has no loss to quarantine; unleveraged SMSF property; and property contracted before 7:30pm AEST on 12 May 2026, which keeps full negative gearing for life. The hardest hit are loss-financed established purchases after the cut-off, short-hold trading and geared SMSF residential purchases.
Can I still negatively gear an investment property I buy now?
For an established dwelling contracted after 7:30pm AEST on 12 May 2026, losses stay deductible against salary until 30 June 2027; from 1 July 2027 they can offset only residential rental income and residential capital gains, carrying forward indefinitely. For an eligible new residential dwelling, negative gearing against salary continues, but the definition has not been enacted, so do not assume an edge case qualifies.
Do I keep the 50% CGT discount on properties I already own?
On gains accrued to 30 June 2027, yes. Individuals and trusts are treated as selling each property at market value just before 1 July 2027 and buying it back, which preserves the discount on the gain to that date, with tax deferred until the actual sale. Growth after 1 July 2027 is taxed on the CPI-indexed gain with a 30% minimum, including on grandfathered property.
Can my SMSF still buy residential property?
Yes, but only with cash from 10 August 2026, because new limited recourse borrowing is allowed only over business real property. Existing arrangements, and purchases contracted before that date, are grandfathered and can be refinanced. On tax, complying funds stay outside quarantining, the deemed disposal and the 30% minimum, and keep their one-third CGT discount.
Should I sell my investment property before 1 July 2027?
Not for the CGT discount alone. The deemed disposal preserves the 50% discount on gains to 30 June 2027 whenever you sell, and selling grandfathered property gives up its negative gearing permanently. A poorly performing asset, concentration risk or a planned need for cash can still justify a sale, ideally timed for a lower-income year.
Are new builds the best property investment strategy after the Budget?
For a high-income investor who wants a deduction against salary, a qualifying new dwelling is the main post-cut-off purchase that keeps negative gearing and a 50% CGT discount on later growth, and loans to buy it are exempt from APRA's DTI limit. Against that, new dwellings often cost more than comparable established stock, off-the-plan purchases carry settlement-valuation risk in a falling market, and the definition is still pending.
Will property prices keep falling in 2026 and 2027?
Cotality's national index was 5.2% below its March 2026 peak in September after six monthly falls. As at 2 October 2026, the main cluster of bank forecasts expects a total peak-to-trough fall of 9% to 13%, within a published range of 7.3% (Westpac, five capitals) to 15% (the top of AMP's range), with several expecting a trough in the first half of 2027. All depend on rates, jobs and credit.
Could the negative gearing and CGT changes be repealed?
The Coalition, through Angus Taylor and Tim Wilson, has pledged to repeal them. That would need a change of government at an election due by 2028 and new legislation, both after the 1 July 2027 start. Until then the enacted law is the basis for planning.
The Bottom Line
Quick answer
Plan on the enacted law. Hold grandfathered property, underwrite every established purchase on pre-tax cash flow, buy new dwellings only where qualification is clear and the buffer is large, and treat SMSF residential property as cash-only.
- The timetable is fixed. Quarantining and the new CGT method start on 1 July 2027; the SMSF borrowing ban started on 10 August 2026; 2026-27 runs under the old rules.
- On our analysis, grandfathered property is the most valuable position in the market for its owner, because its treatment cannot be recreated once sold.
- Every established purchase should pass a cash-flow test: roughly 6.9% gross for a house (7.9% for a unit) at 80% LVR on our assumptions, or a larger deposit.
- New dwellings are policy-favoured but carry risk: a pending definition, settlement valuations in a falling market and developer premiums.
- There is no CGT deadline to sell before.
- Finance is now the binding constraint for many investors, with a 4.60% cash rate, the 3 point buffer and the DTI limit.
What would change this view
- The new-dwelling definition is enacted materially narrower or wider than Treasury's August draft, for example a shorter resale window than 24 months or different treatment of rebuilds.
- The cash rate rises to 4.85% or beyond, lifting the cash-flow break-even yield and strengthening the downside case.
- Rents stall through the spring season, leaving yield expansion to falling prices alone.
- A party positioned to legislate commits to amend or repeal before 1 July 2027, changing the value of grandfathered status and of the new-dwelling carve-out.
- Lenders move faster than expected on post-cut-off losses in serviceability, tightening borrowing for portfolio builders.
General information only, not financial, tax, legal or credit advice. Administrative guidance on the legislation is still being issued, and worked examples depend on stated assumptions. Check your position with a registered tax agent, licensed financial adviser or credit adviser before acting. Current as at 5 October 2026.
Methodology and data as at
Quick answer
Legal statements follow the enacted Acts as checked on 5 October 2026. Market figures are as first published by Cotality, SQM, the RBA and the ABS, with dates shown. Worked examples are our arithmetic on stated assumptions, including an assumed 6.75% interest-only rate.
- Legislation: Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026; passed 25 June, Assent 26 June 2026), Schedules 1, 2 and 5; Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026 (Assent 13 March 2026). Pending items from Treasury and ATO pages, 5 October 2026. New-dwelling cases are from Treasury's August 2026 explanatory material, a consultation draft that is not law.
- Values, yields, rents, sales: Cotality Home Value Index, September 2026 (released 1 October 2026), as first published; revised monthly.
- Vacancy: SQM Research National Residential Vacancy Rates, August 2026.
- Rates: RBA decision of 29 September 2026; RBA Table F6, July 2026 (new investor interest-only 6.50%, variable 6.40%). The 6.75% rate assumes the July F6 rate plus 25 basis points, fully passed through.
- Lending and forecasts: ABS Lending Indicators, June quarter 2026; forecasts as compiled in our scorecard at 2 October 2026.
- Worked examples: 2026-27 resident rates plus 2% Medicare levy; $50,000 round-trip costs; CPI 3% a year in CGT examples.
Sources
Primary
- Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49, 2026), Federal Register of Legislation
- ATO: Tax reform, boosting home ownership, reforming negative gearing and capital gains tax
- Treasury Ministers: Consultation on next tranche of tax reform legislation, 4 August 2026
- Treasury: explanatory material, new residential dwellings (exposure draft), August 2026 (consultation draft; not law)
- ATO: Tax reform, introducing a minimum tax on discretionary trusts
- Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026, Federal Register of Legislation
- Cotality, Home Value Index, September 2026 (released 1 October 2026)
- SQM Research, National Residential Vacancy Rates, August 2026
- Reserve Bank of Australia: cash rate target (29 September 2026); Statistical Table F6, Lenders' Interest Rates, July 2026
- Australian Bureau of Statistics, Lending Indicators, June quarter 2026
- APRA: limit on high debt-to-income home lending, 27 November 2025
Secondary
- ABC News, "Angus Taylor promises permanent tax cuts and to reinstate all negative gearing", 15 May 2026
- Bank forecasts (CBA, Westpac, ANZ, NAB, Macquarie, HSBC, AMP) as compiled in our house price forecast scorecard, 2 October 2026
Related guides on this site
- What Is Negative Gearing? The Complete 2026 Guide
- Negative Gearing Grandfathering and Your 2027 Transition Plan
- New Build vs Established Property
- Cotality Home Value Index, September 2026 and HIA Negative Gearing and CGT Modelling
- Should You Sell Before 1 July 2027?
- Top Rental Yield Suburbs in Australia 2026
- Rental Yields Are Rising as House Prices Fall
- Positive Cash Flow Property Australia 2026
- SMSF Residential Property and the LRBA Ban
- SMSF Commercial Property and Business Real Property
- SMSF Division 296 Property Action Guide
- APRA DTI Rules 2026
- RBA Rate Rise to 4.60%
- Investment Property Exit Strategy 2026
- Negative Gearing Calculator and CGT Sell vs Hold Calculator
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