InsightsTax and policy · September 2026

Negative gearing, capital gains tax and first home help: the 2026 rules

What changed in the May 2026 Federal Budget, the government schemes that put in up to 30–40% of a home, and Queensland's own grants and concessions.

Rules as at 27 September 2026 · Tax changes legislated: passed Parliament 25 June 2026, Royal Assent 26 June 2026

Disclaimer

A plain-English summary of official information for planning purposes only. It is not financial, tax or legal advice. Eligibility depends on your circumstances, and rules and caps change. Check the official sources below and speak to a qualified adviser, accountant or lender before making decisions.

Summary

Rule or schemeWhat it doesWhen
Negative gearingLimited to new builds for properties bought after 7:30pm AEST 12 May 2026From 1 July 2027
Capital gains tax50% discount replaced by CPI indexation and a 30% minimum tax (new builds can keep the 50% discount)Gains accruing from 1 July 2027
Help to BuyGovernment takes up to 30% equity in an existing home, or up to 40% in a new one; 2% depositOpen now
5% Deposit Scheme5% deposit with no lenders mortgage insurance, no income capsSince 1 October 2025
QLD first home owner grant$30,000 for a new home valued under $750,000Contracts to 30 June 2030
QLD first home stamp dutyNo transfer duty on a new first home, or on vacant land to build oneContracts from 1 May 2025
QLD Boost to BuyState takes up to 30% equity in a new home, or 25% in an existing one; 2% deposit; up to $1 millionRound 2 open (SEQ places exhausted)

1. Negative gearing is limited to new builds

Until now, a rental loss (rent below interest and costs) could reduce tax on salary and wages. From 1 July 2027, that only continues for new builds and for properties already held on Budget night.

When the property was boughtNegative gearing
Held before 7:30pm AEST 12 May 2026 (including contracts signed but not settled)Can be negatively geared as before, until sold
Established home bought between 12 May 2026 and 30 June 2027Can be negatively geared until 30 June 2027, not after
Established home bought from 1 July 2027Rental losses only offset residential property income and capital gains; excess carried forward
New build, bought at any timeCan still be negatively geared against salary and other income

Losses that cannot be used are not lost: they carry forward to offset future residential property income. The change applies to individuals, partnerships, companies and most trusts; super funds (including SMSFs) and widely held trusts are excluded. Commercial property and shares are not affected.

2. Capital gains tax: indexation and a 30% minimum

From 1 July 2027 the 50% capital gains discount is replaced, for individuals, trusts and partnerships, by two things:

  • Indexation: the cost base rises with the Consumer Price Index, so only the real (after-inflation) gain is taxed, as it was between 1985 and 1999.
  • A 30% minimum tax on real capital gains. People already taxed at 30% or more are not affected. Age Pension and JobSeeker recipients are exempt in the year they receive a payment.

Only gains that accrue after 1 July 2027 are affected. For an asset held on that date, the gain up to 1 July 2027 still gets the 50% discount, and the new rules apply to growth after it. The value on 1 July 2027 can come from a valuation or an ATO formula. The main residence stays exempt.

New builds keep a choice

Investors in a new build can choose either the 50% discount or indexation with the minimum tax when they sell.

Worked example: how the new rule works

An investor buys an established home for $800,000 in July 2027 and sells it ten years later. The home grows 6% a year and inflation (CPI) averages 3% a year.

Sale price after 10 years (6% a year)$1,432,678
Nominal gain (sale price minus purchase price)$632,678
Old rule: 50% discount, so half the gain is taxed$316,339
Purchase price indexed by CPI (3% a year for 10 years)$1,075,133
New rule: real gain taxed (sale price minus indexed cost)$357,545
Seller's tax rateTax, old ruleTax, new ruleDifference
47% (top rate)$148,679$168,046+$19,367
32% (middle rate)$101,228$114,414+$13,186
16% (low income in the year of sale, e.g. retired)$50,614$107,264+$56,650

The last row is where the 30% minimum bites: someone who waits to sell in a low-income year no longer pays 16% on half the gain. The real gain is taxed at no less than 30%.

The result depends on growth versus inflation. If the same home grew only 4% a year (sold for $1,184,195), the real gain would be $109,062 and a top-rate seller would pay about $51,259 under the new rule against $90,286 under the old. Indexation favours slow-growing assets; the 50% discount favoured fast-growing ones.

If you already own the property on 1 July 2027

Bought in 2020 for $600,000, worth $900,000 on 1 July 2027, sold in July 2032 for $1,100,000:

Gain up to 1 July 2027 ($900,000 − $600,000), old rule: 50% discount$150,000 taxed
Gain after 1 July 2027: $1,100,000 − ($900,000 indexed by CPI for 5 years = $1,043,347)$56,653 taxed
Total taxable gain (was $250,000 under the old rule alone)$206,653

New builds: pick the lower

For a new build, the investor works out both and chooses. In the first example at the top rate, that means $148,679 using the 50% discount instead of $168,046, so new-build investors are no worse off than today.

Simplified illustration: one marginal rate applied to the whole gain, 47% and 32% include the 2% Medicare levy, and no costs added to the cost base (stamp duty, legal fees and improvements would reduce the gain). Growth and CPI rates are assumptions. The ATO will publish the official indexation method and tools.

3. What counts as a new build

  • A home built on vacant land, or where existing homes are demolished and replaced with more homes
  • Not previously sold, unless first owned by the builder and not occupied for more than 12 months
  • Knock-down rebuilds and renovations that do not add homes do not count
  • Only the first buyer gets the new-build treatment. Later buyers of the same home cannot negatively gear it or use the 50% discount

A house-and-land build in a new estate, like the Greenbank construction analysis, is a new build under this definition.

4. Help to Buy: the government owns part of the home

The Australian Government's shared equity scheme, run by Housing Australia.

Government shareUp to 30% of an existing home, up to 40% of a new home
Your depositAt least 2%
Income caps (2026–27)$103,000 single; $165,000 joint or single parent
Places10,000 a year
WhoOwner-occupiers only. You must live in the home; renting it out is not allowed
Paying it backNo interest on the government share. Buy it back in part or in full at any time, or when you sell, at the home's value at that time
Price capsSet by location; check the Housing Australia tool

Because the government's share is repaid at the home's value when you pay it back, it shares in any rise or fall in value.

5. The 5% Deposit Scheme

Since 1 October 2025, first home buyers can buy with a 5% deposit (single parents 2%) without lenders mortgage insurance, with no income caps and no waitlist. Property price caps apply: in Queensland $1,000,000 in Brisbane and regional centres and $700,000 elsewhere; Sydney $1,500,000; Melbourne $950,000; Perth $850,000; Adelaide $900,000.

6. Queensland: grants, stamp duty and Boost to Buy

  • First home owner grant: $30,000 for a new home valued under $750,000. The June 2026 State Budget continued it for contracts from 1 July 2026, reported to run to 30 June 2030.
  • No stamp duty on a new first home: a full concession with no value cap for contracts from 1 May 2025. You must move in within 1 year of settlement.
  • No stamp duty on vacant land for a first home: also full, with no value cap, from 1 May 2025. You must build and move in within 2 years of settlement.
  • Boost to Buy: the state takes up to 30% equity in a new home or 25% in an existing one, with a 2% deposit, for homes up to $1 million, through one approved lender. Half the places are for regional Queensland; south-east Queensland places in Round 2 are exhausted.
  • From 1 August 2026: home concessions are limited to Australian citizens, permanent residents and specified foreign retirees.

What it means for house and land

For investors

A new build is now the only residential property that can be negatively geared against salary, and it keeps the option of the 50% capital gains discount. The investor in the Greenbank analysis, buying land and building a new home, keeps both.

For first home buyers

A first home buyer in the same estate would pay no stamp duty on the land or the home. But at about $1.06 million for land and build, it is above the $750,000 grant limit and the $1 million caps for Boost to Buy and the 5% Deposit Scheme. The schemes fit smaller or cheaper homes.

For builders

Investor demand is expected to shift from established homes to new builds from July 2027. Treasury estimates the changes will add about 75,000 owner-occupiers over ten years.

Sources

Disclaimer

Everything on this page is for educational and informational purposes only. Costs, prices, interest rates, rules and government schemes change over time, and the figures shown are approximate examples that may already be out of date. Nothing here is financial, tax, legal, building or professional advice, a recommendation or a quote. Do your own research, get written quotes and seek advice from qualified professionals before making any decision.

For builders

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