Australia's center-left Labor administration has set out a package of tax changes targeting property investors and private trusts, a move presented as intended to improve opportunities for younger Australians to buy homes. The measures, announced ahead of the federal budget, alter long-standing capital gains tax settings and rework negative gearing rules for residential property.
Capital gains tax
From July 1, 2027, the government will remove the 50% capital gains tax (CGT) discount that currently applies to assets held for more than a year. The policy returns taxation of gains to the pre-1999 approach of indexing cost bases for inflation, while introducing a 30% minimum tax on net capital gains. These changes will apply across the board to CGT assets held by individuals, trusts and partnerships.
Transitional arrangements have been specified for existing investments. The revised rules will only affect gains arising on or after July 1, 2027; the current 50% discount will continue to apply to gains realized before that date. For investors in new residential property, there will be an option - they may elect to retain the 50% CGT discount for qualifying assets, or instead use cost base indexation together with the new minimum tax regime.
Negative gearing
The government will restrict negative gearing - the practice of deducting investment losses against other taxable income - so that it is limited to new residential builds. From July 1, 2027, losses arising from established residential properties will only be deductible against rental income or capital gains from residential properties, not against broader taxable income.
There are specific rules for properties bought around the announcement. Properties purchased after 7:30pm AEST on May 12, 2026 and before June 30, 2027 may be eligible for negative gearing during that transitional period, but will not be eligible in subsequent years under the new rules. Properties acquired prior to 7:30pm AEST on May 12, 2026 will be exempt from the changes until they are disposed of.
The plan carves out exemptions to the negative gearing limit to encourage housing supply and preserve certain investment vehicles. Eligible new builds will be excluded from the restriction. Properties held in widely held trusts and superannuation funds will not be subject to the new negative gearing limitation. The package also includes targeted exemptions for build-to-rent developments and private investors engaged in government housing programs.
Minimum tax on discretionary trusts
Separately, the government will introduce a 30% minimum tax on discretionary trusts from July 1, 2028. The government notes that the number of discretionary trusts has more than doubled over the past 20 years and that the wealthiest 10% of households hold over 90% of the value of private trusts, the majority of which are discretionary trusts.
Officials present the set of measures as a comprehensive package affecting capital gains treatment, negative gearing and trust taxation, accompanied by transitional rules and a range of targeted exemptions. The changes are scheduled to take effect in stages, with some provisions becoming operative from mid-2027 and the discretionary trust minimum tax following in mid-2028.
Key impacts and focal sectors
- Housing and residential construction - new-build exemptions aim to incentivize supply.
- Property investors and real estate markets - removal of the 50% CGT discount and tightened negative gearing rules affect investor tax treatment.
- Trusts and wealth management - a minimum tax on discretionary trusts targets privately held trust structures and related wealth concentration.
Policy context and timing
The government frames the package as measures to level the playing field for younger prospective homeowners. Implementation timing is explicit: key changes to CGT and negative gearing take effect on July 1, 2027, with the discretionary trust minimum tax commencing on July 1, 2028. Transitional arrangements and specified exemptions are intended to manage the shift for existing and near-term transactions.
Further details and limitations
The announcement includes detailed carve-outs - notably for eligible new builds, widely held trusts, superannuation funds, build-to-rent projects and private investors working with government housing initiatives. The package specifies particular treatment for properties bought in the narrow window after 7:30pm AEST on May 12, 2026 and before June 30, 2027, and for those acquired prior to that timestamp.