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How Property Investors Need to Adjust: CGT, Negative Gearing, and Discretionary Trusts

Australia’s Budget has overhauled how investment property losses, capital gains and trust income are taxed—worth understanding if you own real estate or income-earning assets in trust.

By NomadicTax Research Team · 5-8 min read

Major Changes for Property and Investment Regimes

The 2026 Budget introduces three significant reforms affecting investors, especially in residential property and trusts:

  • Negative Gearing limited to new builds only from 1 July 2027; existing property investments held before budget night (13 May 2026) are grandfathered. (pm.gov.au)
  • Removal of 50% CGT discount, replacing it with a system using indexation and a minimum 30% tax on net capital gains for assets held post 1 July 2027. Assets acquired before that date can choose between old or new arrangements if they’re new builds. (pm.gov.au)
  • Minimum 30% tax on discretionary trust income starting 2028-29 to better align tax paid by trusts with that paid by individuals on accruing income. (pm.gov.au)

Implications for Existing Owners and Future Investors

ScenarioEffect Before ChangesAfter Reforms
Properties held before Budget Night (existing)Negative gearing and full CGT discount still apply under old rules, unless property.classified as “new builds” and you opt in. (pm.gov.au)Continued grandfathering, so no retroactive loss of existing tax benefits. Planning needed for revaluing cost bases.
New property acquisitions post-1 July 2027Negative gearing still broadly availableOnly negative gearing for new builds is allowed; established homes loses that arrangement.
Discretionary TrustsTrust income taxed per current trust distribution rulesMinimum 30% tax from 2028-29; could reduce ability to shift income to low-rate beneficiaries or minor family trusts.

Actionable Advice for Investors and Advisors

  • Review your portfolio now: Assess which investments might be affected—assets acquired recently vs. long-held properties to plan transitions or dispositions before 1 July 2027.
  • New build investment planning: If you intend to invest in property and want negative gearing, ensure contracts are signed for “new builds” to retain eligibility.
  • Trust structuring: Trustees should revisit distributions, beneficiary tax rates, and holding patterns. Where possible, consider income splitting earlier or reverting to individual ownership for future investments.
  • Label gains and track cost bases carefully: With the shift to indexation and new minimum tax regimes, accurate records of asset acquisition dates and values as of 1 July 2027 will be essential. Consult tax valuations if needed.

Example Case

Imagine Sarah bought a rental house in 2020 and has been using negative gearing since then. She also expects to sell in 2028.

  • Under current rules, she enjoys unlimited negative gearing and the 50% CGT discount on gains.
  • If she sells in August 2028: • Her loss deductions (negative gearing) will no longer apply for any loss from new property holdings after 1 July 2027, unless it’s a “new build”. • For CGT, she will need to separate gains accrued up to 1 July 2027 (eligible for discount) and gains after that date (subject to indexation/minimum tax). Fractional calculations will matter.

Final Thoughts

These reforms represent a fundamental shift in how Australia taxes returns from property and trust income. If you’re an investor or involved in property, now’s the time to plan:

  • Take action before the 2026-27 year ends, especially if making investment or selling decisions — to maximise grandfathered benefits.
  • Use professional advice to model post-reform taxation under multiple scenarios.
  • Keep abreast of ATO guidance as draft rules are fleshed out—transitional options may open up.

Sources

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