The changes to residential-property deductions are no longer a proposal. The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49 of 2026) received Royal Assent on 26 June 2026 and is law. Schedule 2, which contains the residential-property measure, commenced on 27 June 2026. This section summarises what the guide’s readers need; for the full section-by-section analysis of Schedule 2 — including the grandfathering test, the carve-outs and the outstanding legislative instruments — see our technical resource on the negative gearing changes from 2027-28.
Commencement is not the same as application, and the difference matters. The Schedule 2 amendments apply in relation to the 2027-28 income year and later income years. The existing rules — the ones described earlier in this guide — still govern the 2025-26 and 2026-27 income years. There is no phase-in.
What the rule actually does. From 2027-28, the test is applied across your residential dwellings as a whole, not property by property. Where the amounts you could otherwise deduct for using or holding residential dwellings as residential accommodation exceed your assessable income from doing so for the year, the excess is not deductible that year. It becomes a quarantined amount, which may be applied against specified residential capital gains when your net capital gain is worked out for the year, and to the extent any of it remains it carries forward into the next income year. Negative gearing is not abolished, and the deductions are not lost — they are deferred. The one permanent forfeiture is on bankruptcy or an equivalent release from debt.
Two limits on that quarantined amount are worth knowing. It can only be applied against residential capital gains — not against a gain on shares, a business asset or commercial property — and it is applied before the capital gains tax discount step (a discount that is itself changing under the same Act from 1 July 2027), so its value depends on the discount applying to the eventual gain, the delay before that gain is realised, and the possibility that no sufficient residential gain ever arises — in many cases materially less useful than an ordinary deduction against income taxed at your marginal rate. Expenditure denied under the new rule cannot instead be pushed into the cost base or the reduced cost base.
The 12 May 2026 exception. Amounts are disregarded to the extent they relate to an ownership interest in a residential dwelling that you last acquired before 7.30 pm, by legal time in the Australian Capital Territory, on 12 May 2026. Three details in that sentence do real work. “Last acquired” means a later re-acquisition, or a further interest acquired after the cut-off, is not covered. Where the dwelling is acquired under a contract, the Act treats you as holding the ownership interest from the date you entered into the contract, not from settlement — so a contract signed before the cut-off that settles afterwards can still qualify. And the exception attaches to your ownership interest, not to the property: a buyer who acquires an established dwelling after the cut-off does not inherit it.
The new-residential-dwelling exception cannot presently operate. The Act contains an exception for a dwelling that is a “new residential dwelling” in relation to you — but the Act does not define one. The definition is left to a legislative instrument the Minister must make, and as at 13 July 2026 no such instrument had been made. Until it is, the exception has no content and cannot be relied on, and we cannot responsibly tell you what will or will not qualify. Anyone saying that only new builds can be negatively geared is wrong twice over: the rule quarantines rather than abolishes, and the new-build exception is not yet capable of operating. We are monitoring the register for the instrument.
Who is outside the rule. Complying superannuation entities and widely held unit trusts are carved out of the quarantining rule entirely. That is a technical feature of the provision, not a strategy and not a recommendation — and it does not extend to ordinary family or discretionary trusts, where residential rental income keeps its character as it flows through to beneficiaries. Separately, some dwellings fall outside the definition of a “residential dwelling” altogether, including caravans and mobile homes, hotels, motels, inns, hostels and boarding houses, student accommodation connected with a school or education institution, and boats. Commercial property is not a dwelling at all.
None of this can be applied to a portfolio from a summary. Whether a particular interest is covered by the 12 May 2026 exception, and how the quarantining and carry-forward interact with an eventual sale, turn on your specific facts and records. We work through it from your actual figures — see our property investor strategy page for how this is handled inside an engagement. This section states the law as enacted and was verified against the Act text on 13 July 2026.