Labor tax reforms explained: CGT, negative gearing and SMSF borrowing changes

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Everything you need to know about Labor’s latest tax changes

After a last‑minute agreement with the Greens, Parliament has passed wide‑ranging tax reforms that reshape how Australians are taxed on investments, property, and work-related expenses. The package closes a borrowing loophole for self-managed super funds, overhauls capital gains tax settings, winds back negative gearing on established properties, and introduces new offsets and deductions for workers. Here’s a clear, concise guide to what’s changed and when it happens.

How the deal passed — and the SMSF borrowing loophole

  • The government required crossbench support in the Senate and secured it with the Greens, who sought several amendments and an eight-week delay to planned changes to the NDIS.
  • A key amendment removes a loophole that allowed self-managed super funds (SMSFs) to borrow to buy single assets such as residential property via specific loan structures. While these loans account for a small share of all mortgages, the change aims to prevent a shift toward SMSFs as other property investment avenues tighten.
  • The government also agreed to drop a clause that could have enabled it to reverse the reforms later without fresh legislation.

Investment tax changes

Capital gains tax (CGT) from 1 July 2027

  • The 50% CGT discount on profits from the sale of assets will no longer apply to most investors.
  • Instead, capital gains will be adjusted using a cost-based indexation approach and subject to a minimum 30% tax rate.
  • The government has flagged potential carve-outs for startup founders, employee shareholders, and early investors to reflect the sector’s reliance on equity upside; these carve-outs are under consultation.
  • Businesses with annual turnover under $10 million will remain eligible for the 50% CGT discount.

Negative gearing on established properties

  • Negative gearing for established residential properties is being abolished, in line with the government’s May budget commitments.
  • A transition rule sets a 7:30pm AEST, 12 May 2026 cutoff for purchases or contracts. New builds and certain government housing programs will continue to be eligible for negative gearing.

Wins for workers

  • From 1 July 2027, all workers will automatically receive the $250 Working Australian Tax Offset. This effectively lifts the tax‑free threshold by $1,800 to $19,985.
  • For the 2026–27 financial year, there will be a $1,000 “instant” deduction available for work‑related expenses, replacing the current $300 receipt‑free limit.

Key dates at a glance

  • 12 May 2026, 7:30pm AEST: Transition cutoff for negative gearing changes on established properties.
  • 1 July 2026 (FY 2026–27): Introduction of the $1,000 instant work‑related expense deduction.
  • 1 July 2027: New CGT framework (indexation plus minimum 30% rate) takes effect; $250 Working Australian Tax Offset begins, lifting the effective tax‑free threshold.

What this could mean for you

  • Property investors: Established-property negative gearing is being wound back, with a transition cutoff in May 2026. New builds retain eligibility, which may shift investor demand toward construction and eligible housing programs.
  • Share and asset investors: The removal of the 50% CGT discount from mid‑2027 changes after‑tax return calculations. Longer holding periods and asset selection may need reassessment under indexation and the minimum 30% rate.
  • Small businesses (under $10m turnover): The 50% CGT discount remains available, preserving current planning strategies for eligible disposals.
  • Startup ecosystem: Potential carve‑outs for founders, employees with equity, and early investors are under consultation; outcomes may materially affect compensation, fundraising, and exit planning.
  • Employees and sole traders: The $250 offset from 2027 increases take‑home pay for many workers. The $1,000 instant deduction in 2026–27 simplifies small out‑of‑pocket work expenses.

Practical next steps

  • Review investment and property plans against the 12 May 2026 transition date and the 1 July 2027 CGT changes.
  • Model after‑tax returns under the new CGT rules; consider timing of disposals and the impact of indexation versus the old discount.
  • For property strategies, compare the post‑reform economics of established properties with the continuing benefits available to new builds and eligible programs.
  • For workers, keep receipts for the 2026–27 year to make the most of the $1,000 instant deduction, and check eligibility for the $250 offset from 2027.

These measures are now law. As individual circumstances vary, consider seeking professional advice to optimise for the new settings and key dates.

Alex Sterling
Alex Sterlinghttps://www.businessorbital.com/
Alex Sterling is a seasoned journalist with over a decade of experience covering the dynamic world of business and finance. With a keen eye for detail and a passion for uncovering the stories behind the headlines, Alex has become a respected voice in the industry. Before joining our business blog, Alex reported for major financial news outlets, where they developed a reputation for insightful analysis and compelling storytelling. Alex's work is driven by a commitment to provide readers with the information they need to make informed decisions. Whether it's breaking down complex economic trends or highlighting emerging business opportunities, Alex's writing is accessible, informative, and always engaging.

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