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2. Negative Gearing: The Rules Have Changed

  • Jul 1
  • 8 min read


On 25 June 2026, the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 passed both houses of Parliament. The negative gearing changes take effect from 1 July 2027 — giving investors approximately 12 months to understand and adapt.[7]

What Has Actually Changed?

Under the old system, investors could offset rental losses on any investment property against their other income, including wages. Under the new system, negative gearing applies only to properties acquired before 7:30pm AEST on 12 May 2026. These changes apply to individuals, partnerships, companies and most trusts — widely held trusts and superannuation funds are excluded.[17]

Properties purchased after the cutoff date generally do not qualify, with key exceptions:[7]

•       New builds remain eligible under some scenarios

•       Owner-occupied properties converted to investment use before 12 May 2026 remain eligible

•       Commercial property purchases, refinances and equity releases remain eligible[8]

•       Equity releases used to invest in shares or other income-generating assets remain eligible[8]

Under the new model, rental losses on post-cutoff established residential properties are ‘quarantined’ — they can only be offset against other residential property income or capital gains from residential property. Excess losses carry forward to future years. This is a fundamental shift from the ability to offset losses against wages and other income.[17]

The Lender Response: Serviceability Is Already Shifting

All major lenders have updated their serviceability calculators to remove negative gearing benefits for non-qualifying properties. Confirmed lender update dates:[7]

•       Macquarie — 18 May 2026

•       Great Southern Bank — 21 May 2026

•       NAB and Connective Horizon — 26 May 2026

•       Suncorp Bank — 27 May 2026

•       ANZ — 28 May 2026

•       Commonwealth Bank — 28 May 2026

•       ING — 15 June 2026 (with transitional pipeline arrangements)

•       Westpac — 29 June 2026[9]

•       ORDE Financial — 29 June 2026[8]

Westpac’s new policy requires brokers to distinguish between negative gearing and rental income tax deductions (RITD), use an updated serviceability calculator, document customer conversations and obtain declarations confirming property acquisition dates and that independent tax advice has been recommended.[9]

If you have an investment loan application in progress, the rules around serviceability are shifting rapidly. Some applications that were borderline under the old model may no longer pass. It is critical to get the numbers re-checked before you commit.

The Fairness Question

One of the most pointed criticisms of the reforms is the two-tiered outcome it creates. An established investor with a pre-May 2026 portfolio can still offset losses against trust or other income through their existing grandfathered properties. A first-time investor buying their first rental property cannot. One financial commentator calculated the same property might cost approximately $80 per week for an established investor versus $255 per week for a new investor — a difference of $175 driven entirely by tax policy.[7]

Treasury Secretary Jenny Wilkinson candidly acknowledged the fiscal motivation: “Well, we need the money.” Former Housing Minister Tanya Plibersek stated: “We acknowledge that house prices will keep rising, but thanks to our measures, they won’t rise as much and as fast.”[7]



Sources

All sources were accessed in late June and early July 2026. Inline references in the body of this blog correspond to the numbered sources below.

[1]  RBA Official Media Release — 5 May 2026 Rate Decision       Reserve Bank of Australia. Statement by the Monetary Policy Board. Decision to raise cash rate by 25bp to 4.35%, voted 8-1. rba.gov.au/media-releases/2026/mr-26-12.html

[2]  ClearTax.com.au — SMSF Borrowing Banned: What the New Rules Mean for You       Overview of LRBA ban announced 23 June 2026, Greens deal, bare trust mechanics, implementation timeline and government figures. cleartax.com.au/tax/news-and-updates/smsf-borrowing-banned

[3]  Trading Economics — Australia Interest Rate / RBA June 2026 Summary       Unanimous hold at June 2026 meeting; May 2026 Board minutes analysis; ‘not sufficiently restrictive’ assessment. tradingeconomics.com/australia/interest-rate

[4]  Hudson Financial Planning — SMSF Property Loan Ban 2026       SMSF CGT exclusion from discount changes confirmed; concessional super tax rates retained; LRBA implementation timeline. hudsonfinancialplanning.com.au

[5]  Holding Redlich — Federal Budget 2026-27: Three Tax Changes Reshaping Investment, Trust Structures and Business Planning       Authoritative legal analysis of trust reforms including triple-impact on trust-held residential property, testamentary trust exclusions, rollover relief, state stamp duty warnings, and government preference for institutional capital. holdingredlich.com

[6]  NAB Business — 2026 Federal Budget: What It Means for Individuals       30% minimum discretionary trust tax announcement; 900,000 family trusts potentially affected; trust exclusions; widely held trust carveout. business.nab.com.au

[7]  The Adviser — Industry Briefing, week of 25 June 2026 (client-supplied document)       Primary source for lender serviceability update timeline; negative gearing eligibility and cutoff rules; CGT examples and retiree impact; CPA compliance cost estimates; SMSF LRBA ban; ministerial quotes; fairness analysis including $80 vs $255/week holding cost comparison.

[8]  ORDE Financial — Servicing Policy Update, 29 June 2026 (via client-supplied document)       Full eligibility scenarios for negative gearing: commercial property, equity releases for shares, owner-occupied conversions, new-build scenarios.

[9]  Westpac — Credit Policy Update, 29 June 2026 (via client-supplied document)       Mandatory broker procedures: separate assessment of negative gearing vs RITD; updated serviceability calculator; ApplyOnline documentation; borrower declarations.

[10]  Perpetual Wealth — Federal Budget 2026 Analysis       Negative gearing quarantine mechanics; 30% minimum trust tax structure; beneficiary credit treatment; corporate beneficiary rules; recommendation to await final legislation. perpetual.com.au/insights/federal-budget-2026

[11]  SuperGuide — Federal Budget 2026 Overview       Updated budget overview incorporating 23 June 2026 Greens amendments; SMSF LRBA ban; 83% of CGT discount flowing to top 10% of earners. superguide.com.au

[12]  BrokerBros — Australian Federal Budget 2026: What It Means for Interest Rates, Property Investors, Home Loans & the Future of Australian Property       Discretionary trust 30% minimum tax; structural shift toward SPVs and corporate structures; lender tightening on trust/company lending. brokerbros.com.au

[13]  FINSTREET — Australian Mortgage Lending Outlook 2026: DTI Limits, Trust Lending Changes       Macquarie pause on trust lending (early 2026); CBA tightening; trend toward non-bank lenders for trust borrowers; broker strategy implications. finstreet.au

[14]  Holding Redlich — Federal Budget 2026-27 (triple-impact analysis)       Detailed analysis of the compounding three-layer tax impact on discretionary trust-held residential property: negative gearing quarantine + CGT indexation + 30% trustee minimum tax. holdingredlich.com

[15]  Secured Lending — Australia’s New Trust Tax Rules in 2026: What Property Investors Need to Know       30% minimum tax mechanics and effect on low-rate beneficiaries; private lending for restructure funding; rollover window analysis. securedlending.com.au

[16]  Latitude Accountants — Negative Gearing Changes 2026: What Investors Need to Know       Borrowing capacity reduction estimates of 20–30%; impact by borrower segment (first-time buyers, mum-and-dad investors, developers, high-income earners). latitudeaccountants.com.au

[17]  Perpetual Wealth / NAB — Budget Negative Gearing Rules (trust scope)       Negative gearing changes apply to individuals, partnerships, companies and most trusts; widely held trusts and superannuation funds excluded. perpetual.com.au / business.nab.com.au

[18]  Commonwealth Bank — 2026 Budget: Updated Housing Outlook       CGT discount replacement with indexation and 30% minimum; removal of negative gearing equivalent to 90–155bp increase in investor mortgage costs; price growth forecast revised to 3% for Dec 2026. commbank.com.au

[19]  Finance Monthly / Aus Investment Properties — How Mortgage Brokers Help Property Investors Maximise Borrowing Power in 2026       APRA 3% serviceability buffer; DTI cap from February 2026; trust income assessment in broker serviceability calculations. finance-monthly.com

[20]  Macquarie Bank / Broker Daily — Macquarie Bank to Pause New Lending to Trusts and Companies (30 October 2025)       Immediate pause on all new trust and company home loan applications from 31 October 2025; existing loans unaffected; AML Tranche 2 and social media finfluencer cited as reasons. brokerdaily.au

[21]  Broker Daily — Macquarie’s Halt on Trust and Company Loans Will ‘Reshape’ Broker Strategies (November 2025)       Industry broker reaction; Eva Loisance ‘pushback against loophole-driven lending’; Matt Turner on significance; St. George Bank withdrawal; prediction more lenders will follow. brokerdaily.au

[22]  Yahoo Finance / YourLifeChoices — Macquarie Bank’s ‘Bombshell’ Mortgage Move (October 2025)       94% of Macquarie loans through broker channel; Azure Financial Max Harris ‘golden era ending’ quote; ASIC finfluencer crackdown context. au.finance.yahoo.com / yourlifechoices.com.au

[23]  Capital Brief — CBA Joins Macquarie in Pulling Back from Trust Lending (January 2026)       CBA tightening on trust and company lending post-Macquarie; APRA signalling macro-prudential measures; finfluencer TikTok strategies cited. capitalbrief.com

[24]  Aus Investment Properties — What the New Macquarie & CBA Lending Clamp Down Means for Property Investors       APRA DTI cap from 1 February 2026: maximum 20% of new loans at DTI >6x; CBA six-month relationship requirement; non-bank lender alternative. ausinvestmentproperties.com.au

[25]  Mortgage Professional Australia — Why Have Macquarie, CBA Restricted Brokered Company and Trust Lending? (November 2025)       William Xin forecast that trust lending will shift to non-bank lenders; ANZ, NAB, Westpac still lending; regulatory risk weighting increases. mpamag.com

[26]  Aussie Home Loans — RBA May 2026 Rate Decision Analysis & Expert Predictions       Bank-by-bank rate forecasts (NAB, Westpac, ANZ, CBA); Canstar repayment estimates; 11 lenders cutting variable rates post-May hike. aussie.com.au

[27]  Westpac IQ Economics — RBA June 2026 Decision Analysis       Post-meeting hawkish language analysis; ‘stronger steer than in recent communication’; Westpac August/September hike forecast. westpaciq.com.au

[28]  NexGen Lending / YourLifeChoices — Macquarie Bank Pulls Out of Trust Lending: What It Means for You       Trust lending mechanics; Macquarie’s 5.9% market share; 94% broker-originated; AML Tranche 2 context; alternatives for trust borrowers. nexgenlending.com.au

[29]  GrowSMSF — SMSF Borrowing Banned: What the Labor-Greens LRBA Deal Means for You       Confirms Senate passage (35-25), House agreement (98-39) on 25 June 2026, and Royal Assent on 26 June 2026; confirms 10 August 2026 commencement date; explains contract-exchange protection rule. growsmsf.com.au/smsf-lrba-ban-2026

[30]  Hudson Financial Planning — SMSF Property Loan Ban 2026: What the Deadline Means for You       Clarifies that protection depends on contract signing date, not loan approval or settlement; SMSF establishment costs and timelines. hudsonfinancialplanning.com.au

[31]  iCare Super — SMSF Residential Property LRBA Ban Now Law – 10 August 2026 Deadline Confirmed       Confirms Royal Assent granted 26 June 2026 and commencement date of 10 August 2026; practical guidance for trustees, lenders and solicitors working within the compressed timeframe. icaresmsf.com.au

[32]  EEA Advisory — What the Proposed LRBA Ban Means for SMSF Investors       Explains the ‘business real property’ legal test under section 66 of the SIS Act; confirms residential dwellings do not meet this test; clarifies unleveraged residential purchases remain permitted. eea-advisory.com.au

[33]  ClearTax.com.au — SMSF Borrowing Banned: What the New Rules Mean for You (pre-passage version)       Early coverage as at 23 June 2026 noting the change was then still proposed; background on LRBA mechanics since 2007. cleartax.com.au

[34]  SMSF Adviser — More Details of LRBA Ban But Criticism Keeps Coming       SMSF Association criticism of lack of consultation; Treasurer Chalmers’ $50 million fiscal estimate and SMSF market-share figures; SMSF Association policy lead comments on new-build exclusion; refinancing uncertainty under ATO guidance. smsfadviser.com

[35]  SMSF Australia — SMSF Residential Property LRBA Ban: What You Need to Know       Confirms 10 August 2026 commencement following 26 June 2026 Royal Assent; explains the amended SIS Act clause; bare trust and finance approval practical timeline guidance. smsfaustralia.com.au

[36]  Heffron — LRBA Ban: What the Proposed Change Means for SMSFs       Detailed legal explanation of the ‘single acquirable asset’ and ‘business real property’ conditions; confirms no new-build exception unlike negative gearing reforms; commercial/business real property carve-out mechanics. heffron.com.au

[37]  The Adviser — Government Agrees to Ban Future LRBAs for Resi       Joint statement from PM Albanese and Treasurer Chalmers; Greens negotiating position and rationale; confirmation that existing arrangements and time to finalise transactions in train are protected; $50 million budget impact figure. theadviser.com.au

Disclaimer: This blog contains general information only and is intended for educational purposes. It does not constitute financial, tax or legal advice. Phil Aldridge is a licensed mortgage broker and does not provide tax advice. Please consult a qualified accountant, financial adviser or solicitor regarding the impact of these legislative changes on your individual circumstances. All figures are indicative only. Information current as at early July 2026.

 

 
 
 

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