Published 13 May 2026 · By Michael Wilczynski CA · Reading time: 12 minutes
Last night the Government announced the largest tax reform package in 25 years. If you own an investment property, distribute through a discretionary trust, or just want to know what your take-home pay looks like from July 2027, you need to read this.
The headline changes: the 50% CGT discount is being replaced with inflation indexation plus a 30% minimum tax. Negative gearing on existing residential property is being limited to new builds for properties purchased after 7:30pm AEST 12 May 2026. Discretionary trusts will face a 30% minimum tax on retained taxable income from 1 July 2028. And every worker gets a new $250 tax offset plus a $1,000 instant deduction.
I've built four calculators below so you can model the impact on your own numbers. First, the dates that matter.
Key Takeaways
- Properties you already own are protected. If you held an investment property (or had a contract signed) before 7:30pm AEST 12 May 2026, you keep negative gearing and the 50% CGT discount on the gain accrued to 1 July 2027.
- The 50% CGT discount is going. From 1 July 2027 it is replaced with cost base indexation (CPI) plus a 30% minimum tax on real gains. Applies to property, shares, and most other CGT assets held by individuals, trusts and partnerships.
- Negative gearing of existing residential property ends for new investors. From 1 July 2027, rental losses on established properties can only offset rental income or residential property capital gains, then carry forward.
- New builds keep both concessions. Negative gearing continues, and investors can choose either the 50% discount or indexation when they sell.
- Discretionary trusts face a 30% minimum tax from 1 July 2028. Three-year rollover relief from 1 July 2027 will support restructures into companies or fixed trusts.
- Working Australians get up to $2,816 in combined annual relief from 2027-28 versus 2023-24 settings, through the WATO and instant tax deduction.
Dates That Matter
| 7:30pm AEST 12 May 2026 | Announcement. Properties held or contracted before this time are grandfathered for negative gearing. |
| 1 July 2026 | $1,000 instant tax deduction starts. $20,000 IAWO permanent for small business. Loss carry-back returns for companies up to $1bn turnover. |
| 1 July 2027 | CGT indexation + 30% minimum tax start. Negative gearing limited to new builds. WATO ($250) commences. Trust rollover relief opens (3 years). |
| 1 July 2028 | 30% minimum tax on discretionary trusts commences. |
1. Personal Tax Cuts: WATO + Instant Deduction
This is the simple part. From the 2026-27 income year you can claim a $1,000 instant deduction for work-related expenses without receipts or substantiation. Claim more than $1,000 in actual expenses if you have them, but the $1,000 floor is automatic.
From 1 July 2027, a new $250 Working Australians Tax Offset (WATO) applies to income earned from work, including sole trader business income. The offset is non-refundable and phases out at higher incomes per a formula yet to be finalised, but Treasury figures suggest 97% of the 13 million eligible workers will get the full $250.
The combined effect, when stacked with the already-legislated rate cuts (bottom rate dropping from 16% to 14%), is meaningful.
Calculator 1: Your Personal Tax Saving
Compares your 2027-28 tax under new settings against 2023-24 settings, assuming you take the $1,000 instant deduction.
Calculation uses 2027-28 brackets (14% bottom rate), 2% Medicare levy, LITO where applicable, full $250 WATO, and a $1,000 instant deduction. Excludes Medicare levy surcharge, HELP, and offsets not listed.
2. Capital Gains Tax: 50% Discount vs Indexation
The 50% CGT discount has been with us since 1999. From 1 July 2027 it is replaced with cost base indexation (using CPI) plus a 30% minimum tax on real capital gains. The minimum tax only bites if your marginal rate is below 30%, so for most working clients it is a non-issue. For retirees and low-income beneficiaries timing a sale, it matters.
Assets you already own get split treatment. The gain up to 30 June 2027 keeps the 50% discount. The gain from 1 July 2027 onward uses indexation plus the minimum tax. Asset value at 1 July 2027 will be determined by valuation or an ATO apportionment formula.
Calculator 2: CGT Comparison (Current vs New Rules)
Estimates CGT under the current 50% discount vs new indexation + 30% minimum tax. Handles pre-2027 assets with split treatment.
MTR is auto-calculated from your other income using 2027-28 brackets plus 2% Medicare. Pre-2027 gain uses the 50% discount; post-2027 gain uses CPI indexation. Where pre-2027 value is unknown, ATO will publish an apportionment formula based on the asset's average return over the holding period. For simplicity this calc applies a flat MTR to the full gain; in practice large gains will span multiple brackets.
3. Negative Gearing Changes
From 1 July 2027, rental losses on established residential property purchased after announcement can no longer offset salary, business income or other unrelated income. Losses are quarantined and can only offset:
- Rental income from any residential property
- Capital gains from residential property
- Excess losses carry forward indefinitely
Three rules to remember on what is affected:
- Held before 7:30pm 12 May 2026 (including contracted but unsettled): Grandfathered. Keep negative gearing for life of the investment.
- Purchased 12 May 2026 to 30 June 2027: Can negatively gear until 30 June 2027, then quarantined from 1 July 2027.
- Purchased from 1 July 2027: Quarantined immediately, unless it's an eligible new build.
New builds (construction on vacant land, or knock-down rebuilds that increase dwelling count) keep negative gearing in full. Subsequent purchasers of that same dwelling do not.
Calculator 3: Negative Gearing Impact
Shows your tax position on a residential rental loss under current rules versus the new quarantining rules.
Uses 2027-28 tax scales with WATO and Medicare. Negative gearing benefit is calculated as the reduction in tax from offsetting the rental loss against other income. Quarantined losses still carry forward but provide no current-year benefit.
4. Discretionary Trust Minimum Tax
This is the change that will reshape Australian SME and family group structures. From 1 July 2028, the trustee of a discretionary trust pays 30% tax on the taxable income of the trust. Beneficiaries still include distributions in their returns and receive non-refundable tax credits for the trustee's 30%.
The key word is non-refundable. If a beneficiary's marginal rate is below 30%, the excess credit is lost. Income splitting to low-income family members no longer works to drop below 30%.
Two more important integrity rules:
- Corporate beneficiaries do not get the tax credit. Bucket companies cannot be used to convert the trustee's 30% into refundable franking credits at the shareholder level.
- Franking credits received by the trust must be used to pay the minimum tax first. This stops trusts using franked dividends to defease the new tax.
What's excluded
- Fixed and widely-held trusts (most MITs)
- Complying super funds (including SMSFs)
- Special disability trusts, charitable trusts, deceased estates
- Primary production income
- Certain income relating to vulnerable minors
- Income from assets of testamentary trusts existing at announcement
- Income subject to non-resident withholding tax
What you can do about it
From 1 July 2027, three-year rollover relief is available to restructure a discretionary trust into a company or fixed trust without triggering income tax or CGT. For SME clients, paying family members a wage rather than a distribution sidesteps the minimum tax entirely, since wages are deductible to the business and don't attract trustee-level tax.
Calculator 4: Discretionary Trust Minimum Tax Impact
Compares total family group tax under current rules vs the 30% minimum tax (2028-29 onward). Assumes beneficiaries are adults with no other income.
Assumes equal split across beneficiaries. Beneficiaries are assumed adults with no other taxable income (apart from the primary earner if specified). Real-world distributions are rarely equal and tax planning advice should always be sought.
What you should do this week
Different clients need different actions. A quick guide:
If you're a property investor
- Pull together a list of every investment property and confirm purchase date and contract date. Anything contracted before 7:30pm 12 May 2026 is grandfathered.
- If you're mid-purchase right now (contract signed, settlement pending) you're still grandfathered. Settle as planned.
- If you've been considering a new build, the policy preference has just shifted in your favour. Both concessions remain available.
- For pre-2027 assets, start thinking about valuation strategy at 1 July 2027. Contemporaneous evidence will matter.
If you operate through a discretionary trust
- You have until 30 June 2028 before the minimum tax bites. Use the time.
- Map current distributions against marginal rates. Distributions to beneficiaries already on 30%+ are unaffected.
- For trading trusts, consider whether wages or director fees achieve the same family outcome with no minimum tax exposure.
- Bucket company strategies need reassessment. The franking credit pathway is being closed off.
- Rollover relief is available 1 July 2027 to 30 June 2030. We'll be running structure reviews from August.
If you're an employee or sole trader
- The $1,000 instant deduction starts 1 July 2026. If your work-related expenses are below $1,000, you're better off taking the deduction.
- If your expenses are above $1,000, keep substantiating as you do now.
- WATO is automatic on lodgement from 1 July 2027.
FAQ
I contracted to buy an investment property in April 2026 but haven't settled yet. Am I affected?
Does the 30% minimum tax on capital gains apply to shares as well as property?
What counts as an eligible new build?
Will the minimum tax on trusts apply to my SMSF?
What about testamentary trusts?
Can I still distribute to my adult children at university?
What's happening with bucket companies?
When does my CGT discount get locked in for existing assets?
Need this modelled on your actual numbers?
We're running structure reviews and CGT scenario modelling for clients from this week.
Book a planning sessionMichael Wilczynski CA
Managing Director, National Accounts. Chartered Accountant and Certified Property Valuer. National Accounts is a 30-person chartered accounting and business advisory firm in Adelaide specialising in SME, SMSF, family office and creator-economy tax advice.