Property Tax Reform

Negative Gearing and Capital Gains Tax Are Changing: What Police Property Investors Need to Know

Many Australian police officers build wealth outside their salary through residential investment property. If you are one of them, major changes to Australia's tax treatment of property investment deserve your attention.

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The reforms contain transitional and grandfathering arrangements. Do not assume every investment property automatically loses negative gearing from July 2027 — acquisition date, property type and your circumstances matter.

What is changing, and when

The Federal Government's 2026–27 tax reform package includes significant changes to both negative gearing and Capital Gains Tax (CGT) from 1 July 2027.

Importantly, the rules contain transitional arrangements, so the outcome may depend on when an investment was acquired and the type of property involved.

Timeline of the announced property tax reforms: residential property held before 7:30pm AEST on 12 May 2026 is exempt from the new negative gearing restrictions, and the new negative gearing and capital gains arrangements start on 1 July 2027, with gains accrued before that date keeping the existing treatment.
Two dates do most of the work: the announcement on 12 May 2026, and the 1 July 2027 start.

What's Changing With Negative Gearing?

Under the announced reforms, negative gearing for residential property will generally be directed toward new builds from 1 July 2027.

Treasury states that residential properties held before the announcement time of 7:30 pm AEST on 12 May 2026 are exempt from the new restrictions. New builds can continue to qualify under the new arrangements.

For established residential property acquired after the announcement, the treatment of rental losses will change. Treasury says affected investors will generally be able to:

  • use losses against income from residential property
  • use them against relevant capital gains
  • carry excess losses forward

but will not generally be able to offset those losses against unrelated income such as salary and wages.

For a police officer earning a salary and holding an investment property, that distinction could become very important.

Decision tree for the announced negative gearing rules: property held before the 12 May 2026 announcement is exempt; a qualifying new build continues to access negative gearing; and losses on an established property acquired after the announcement can be used against residential property income, relevant capital gains and carried forward, but not generally against salary and wages.
Which branch you are on depends on acquisition date and property type - not on owning an investment property as such.

Worked Example: The Same Rental Loss, Three Different Outcomes

The rules are easier to follow with numbers attached. Take one property, held by three different officers, producing exactly the same result for the year.

Say the property returns $31,200 in rent and runs up $39,200 of deductible costs:

Rental result for the year Amount
Rent received $31,200
Interest on the loan ($27,400)
Council rates, water and insurance ($4,300)
Property management fees ($2,200)
Repairs and maintenance ($1,900)
Depreciation and capital works ($3,400)
Net rental loss ($8,000)

That $8,000 loss is identical in all three cases. What differs is what each officer can do with it.

Where That $8,000 Can Go

Under the announced rules, the same loss lands in three different places depending on when the property was acquired and what kind of property it is.

Scenario What happens to the $8,000 Effect this year
Held before 7:30 pm AEST, 12 May 2026 Exempt from the new restrictions Can reduce total taxable income, including salary, as now
Qualifying new build acquired later Continues to qualify under the new arrangements Access to negative gearing continues
Established property acquired after the announcement Available against residential property income or relevant capital gains, or carried forward No offset against salary, so no reduction in this year

Illustrative only, and based on the announced design. Your own outcome depends on your circumstances and on the final implementation detail.

For an officer whose main income is a police salary, the third row is the one that changes the arithmetic. The loss still exists and still counts - but not against salary, and not this year.

Diagram showing where a rental loss on an established property acquired after the announcement can and cannot go: available against income from residential property, against relevant capital gains, or carried forward, but not generally against salary and wages.
The blocked route is the one that produces a refund in the same year. The three available routes still work - later.

What Carrying a Loss Forward Looks Like Over Time

Carrying a loss forward is not the same as losing it. It is a timing change, and over several years the picture usually looks something like this.

Year Net rental result Losses used Carried forward
Year 1 ($8,000) $0 $8,000
Year 2 ($6,500) $0 $14,500
Year 3 ($3,200) $0 $17,700
Year 4 - rent now covers costs $2,400 $2,400 $15,300
Year 5 - property sold at a gain capital gain arises up to $15,300 $0

Illustrative figures. The point is the shape, not the amounts.

Two things follow from that. The benefit of the loss arrives later rather than never - and in the meantime the shortfall is funded out of your own cashflow rather than partly offset in that year through your return.

For an officer deciding whether a property is affordable on a police salary, that difference in timing can matter more than the eventual tax outcome.

What Is Changing With Capital Gains Tax?

There are also major CGT changes planned from 1 July 2027.

The Government intends to replace the existing 50% CGT discount for affected future gains with an inflation-based system. Under the new approach, the cost base will be adjusted for inflation so tax focuses on the investor's real gain. A minimum tax rate of 30% on real capital gains is also part of the reforms.

The changes are designed to apply prospectively. That means timing matters.

Treasury says gains accrued before 1 July 2027 retain access to the existing treatment, while the new system applies to affected gains accruing after that date.

Comparison of capital gains tax treatments: the existing approach applies a 50 per cent discount to the nominal gain, while the announced approach adjusts the cost base for inflation so tax focuses on the real gain, with a minimum tax rate of 30 per cent on that real gain.
The discount gives way to an inflation-adjusted real gain with a minimum 30% rate. Bar widths are illustrative, not a calculation.

Worked Example: Nominal Gain Versus Real Gain

The CGT change is the harder one to picture, because it does not simply raise or lower the tax. It changes what gets taxed.

Take a property bought for $620,000 with $28,000 of acquisition costs, so a cost base of $648,000. Years later it sells for $980,000, with $22,000 of selling costs, leaving $958,000. The nominal gain is $310,000.

Under the existing treatment, the 50% discount halves that gain. Under the announced treatment, the cost base is instead lifted for inflation and tax focuses on what is left - the real gain - with a minimum rate of 30% applied to it.

How much inflation there was over the holding period therefore decides the answer:

Existing treatment Announced - more inflation Announced - less inflation
Net sale proceeds $958,000 $958,000 $958,000
Cost base applied $648,000 $792,000 $690,000
Gain before any concession $310,000 $166,000 $268,000
Concession applied 50% discount inflation in the cost base inflation in the cost base
Amount actually taxed $155,000 $166,000 $268,000
Tax on it at your marginal rate at least 30% = $49,800 at least 30% = $80,400

Illustrative and rounded. Assumed inflation is a stand-in for whatever the period actually delivers.

Put a marginal rate against the existing column and the comparison sharpens. Assume, purely for the illustration, a 37% marginal rate: $155,000 taxed at 37% is about $57,350. At 45% it is about $69,750.

So in the higher-inflation illustration the announced system produces less tax than the existing one - roughly $49,800 against $57,350. In the lower-inflation illustration it produces considerably more - roughly $80,400 against the same $57,350.

That is the honest answer to whether the CGT change is good or bad for a police property investor: it depends on how much of your gain turns out to be inflation rather than real growth, and on your own marginal rate. Anyone claiming a single direction for every investor is guessing.

The 30% Minimum Cuts Both Ways

One detail in the announced package deserves separate attention: the minimum tax rate of 30% on real capital gains.

A minimum rate does nothing to an investor whose marginal rate already sits above it. But for someone whose income in the year of sale is low - a year of part-year work, extended leave, or a retirement year - a floor can produce more tax than their own marginal rate would have.

Officers who have historically planned a sale for a lower-income year should therefore not assume that timing strategy carries over unchanged into the new system. This is exactly the sort of point worth checking against your own numbers rather than a general rule.

What About a Gain That Builds Up Across 1 July 2027?

This is a fair question and it deserves a straight answer rather than a confident-sounding one.

Treasury says the changes apply prospectively: gains accrued before 1 July 2027 retain access to the existing treatment, and the new system applies to affected gains accruing after that date. So a property bought well before the start date and sold well after it has a gain sitting on both sides of the line.

Exactly how such a gain is split - a valuation at the start date, a time-based apportionment, or some other method - is implementation detail, and it is not something to assume from the announcement material alone. It is a genuine open question rather than a settled rule, and it is one of the reasons keeping dated records now is worth the small effort.

Does This Mean Existing Investment Properties Lose Negative Gearing?

Not necessarily. This is one of the most important points.

The reforms contain grandfathering and transitional arrangements. A property you already own may therefore be treated differently from an established property purchased after the Government's announcement.

Do not assume that every investment property will automatically lose negative gearing from July 2027. The acquisition date, property type and your individual circumstances matter.

What About Buying a New Property?

The distinction between a new build and an established property will become increasingly important.

Treasury has indicated that qualifying new builds will continue to receive access to negative gearing under the new regime, and special CGT treatment may also be available.

If you are considering purchasing another investment property, the tax treatment should therefore form part of your broader financial analysis. Tax should not be the only reason you buy a property, but it can significantly affect the after-tax outcome.

Why Police Officers Should Review Their Property Records Now

Even though the major changes begin from 1 July 2027, keeping accurate records now can make future calculations much easier.

Property investors should retain information relating to:

  • property purchase price
  • stamp duty and acquisition costs
  • legal expenses
  • improvements and renovations
  • depreciation and capital works
  • rental income
  • interest
  • property management expenses
  • repairs and maintenance
  • dates of ownership
  • periods where the property was your main residence
  • sale costs.

CGT calculations performed years later can become difficult if original documentation has disappeared.

Property records grouped by when they arise - at purchase, during ownership and at sale - with the purchase paperwork flagged as the hardest to reconstruct later and the sale as the point where every earlier record is needed at once.
A CGT calculation can land many years after the purchase. These records are easy to keep now and difficult to recover then.

Worked Example: What a Missing Receipt Costs

Record keeping sounds like the dull part of property investment, until it turns up in a calculation.

Take the same sale as above, and add a $46,000 bathroom and kitchen renovation in year three. With the invoices, that $46,000 forms part of the cost base. Without them, it does not.

Records kept Records lost
Cost base $694,000 $648,000
Nominal gain on sale $264,000 $310,000
Extra gain exposed to tax - $46,000

Illustrative and rounded, using the same sale figures as the earlier example.

Under the existing treatment that extra $46,000 of gain is halved by the discount, so roughly $23,000 more goes into taxable income - at an assumed 37% marginal rate, about $8,510 in tax that a shoebox of receipts would have avoided.

Under the announced treatment the missing amount never enters the cost base at all, so it is not only the $46,000 that goes missing but the inflation uplift that would have applied to it. At the 30% minimum, that is at least $13,800 before the uplift is counted.

The renovation happened either way. The only difference is whether it is provable.

Property Values Are Also Moving

The tax changes are occurring against a changing housing market.

Recent Australian economic data has shown softer conditions in parts of the residential property market. That makes it even more important to evaluate property investment based on the full picture rather than tax benefits alone.

Should You Sell Before 1 July 2027?

There is no universal answer.

Selling purely because a tax rule is changing could produce a worse financial result depending on:

  • your original cost
  • current market value
  • outstanding mortgage
  • rental yield
  • expected future growth
  • transaction costs
  • existing capital gain
  • other income
  • future investment plans.

The right decision for one investor could be completely wrong for another.

If you are considering a major transaction, personalised tax and financial advice should be obtained before acting.

Police Officer With an Investment Property?

Investment property tax can involve considerably more than entering your rental income into a tax return.

PoliceTax can help you review rental income, eligible expenses and your overall tax position, particularly as Australia's property tax rules change.

Own an investment property or considering purchasing one? Speak with PoliceTax about how the tax rules may apply to your situation.

Frequently asked questions

When do the negative gearing and CGT changes start?

The announced changes to negative gearing and Capital Gains Tax are scheduled to apply from 1 July 2027, with transitional arrangements that depend on when a property was acquired and what type of property it is.

Will I lose negative gearing on the investment property I already own?

Not necessarily. Treasury states that residential properties held before the announcement time of 7:30 pm AEST on 12 May 2026 are exempt from the new restrictions. Grandfathering and transitional arrangements mean an existing property may be treated differently from an established property bought after the announcement.

What happens to rental losses on an established property bought after the announcement?

Treasury says affected investors will generally be able to use losses against residential property income, against relevant capital gains, and to carry excess losses forward — but not generally to offset those losses against unrelated income such as salary and wages.

What replaces the 50% CGT discount?

The Government intends to replace the existing 50% discount for affected future gains with an inflation-based system, where the cost base is adjusted for inflation so tax focuses on the real gain. A minimum tax rate of 30% on real capital gains is also part of the reforms, applying prospectively to gains accruing after 1 July 2027.

If my rental losses cannot offset my salary, are they lost?

No. Treasury says affected investors will generally be able to use losses against income from residential property, against relevant capital gains, and to carry excess losses forward. What changes is the timing of the benefit rather than the existence of it - and in the meantime the shortfall is funded from your own cashflow.

Does the new capital gains system always mean more tax?

No, and anyone saying it does is guessing. Replacing a 50% discount with an inflation-adjusted real gain can produce less tax when a large share of the nominal gain is inflation, and more tax when inflation over the holding period was modest. The worked example in this article runs it both ways. Your own marginal rate also matters.

What happens to a gain that builds up across 1 July 2027?

Gains accrued before 1 July 2027 retain access to the existing treatment and the new system applies to affected gains accruing after it. How a gain straddling that date is divided is implementation detail rather than a settled rule, which is a further reason to keep dated purchase, improvement and valuation records.

Should I sell my investment property before 1 July 2027?

There is no universal answer. Selling purely because a tax rule is changing could produce a worse result depending on your cost base, market value, mortgage, yield, expected growth, transaction costs, existing gain, other income and future plans. Get personalised advice before acting.

Police officer with an investment property?

PoliceTax can review your rental income, eligible expenses and overall tax position as Australia's property tax rules change.

This article provides general information only and should not be relied upon as personal taxation, financial or investment advice. Every figure in the worked examples is illustrative and rounded, chosen to show how the announced rules operate rather than to predict any real outcome; the assumed inflation and marginal tax rates are stand-ins, not forecasts, and the examples leave out many factors that would affect a real calculation. The reforms described here are announced measures and their implementation detail can change. Tax legislation changes and individual circumstances differ - obtain advice on your own position before acting.