The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 (No. 49 of 2026) received Royal Assent on 26 June 2026 and is law. Two of its schedules reach short-stay hosts. Neither applies to the 2025-26 return being lodged now, and neither applies to the 2026-27 year now under way — commencement and application are different things, and both measures apply later.
The two Act 49 measures that reach short-stay hosts| Measure | First applies to |
|---|
| Schedule 2 — residential-property deduction quarantining (ss 26-155, 26-160 ITAA 1997) | The 2027-28 income year and later |
| Schedule 1 — CGT discount restructured; cost-base indexation instead | CGT events happening on or after 1 July 2027 |
Schedule 2 quarantines, it does not abolish. Where deductions relating to residential dwellings used or held for residential accommodation exceed the assessable income from them for an income year, the excess is not deductible in that year. It is quarantined — it may be applied against specified residential capital gains, and any remainder is carried forward. The deductions are deferred, not lost; the only permanent forfeiture is on bankruptcy or an equivalent release from debt. An ownership interest last acquired before 7.30 pm, by legal time in the Australian Capital Territory, on 12 May 2026 is grandfathered (s 26-155(2)(a)), and for a dwelling acquired under a contract the interest is held from the contract date, not settlement (s 26-155(3)). Complying superannuation entities and widely held unit trusts are carved out entirely (s 26-155(4)).
The short-stay boundary — read this carefully
Section 26-160(1) puts certain dwellings outside the definition of a “residential dwelling” — including caravans, mobile and tiny homes, hotels, motels, inns, hostels and boarding houses. That boundary matters for short-stay accommodation. But it does not mean that listing on a platform takes a property outside the rule: a house, unit or apartment used or held for residential accommodation is still a residential dwelling whether it is let on a twelve-month lease or by the night. The question is what the premises are, not which platform advertises them — and where a particular arrangement genuinely sits near the line, it needs advice on its own facts rather than a general answer.
The “new residential dwelling” exception cannot presently operate
Schedule 2 contemplates an exception for new residential dwellings, but its central definition is left to a legislative instrument under s 26-160(4) — and as at 13 July 2026 that instrument had not been made. No determination had been made under s 26-155(2)(c) either. We therefore do not describe what will or will not qualify, and nobody should plan on the basis of requirements that do not yet exist.
**Schedule 1 restructures the CGT discount; it does not abolish it. For CGT events happening on or after 1 July 2027, the rewritten section 115-100 gives a resident individual — and a trust that is not a complying superannuation entity — a discount percentage of 0%* on an ordinary asset, because none of the earlier paragraphs applies (para (f)). The 50% discount is preserved for individuals and non-super trusts only for CGT events happening before 1 July 2027. Complying superannuation entities keep 33⅓%; new residential dwellings keep 50% (s 115-102); affordable housing keeps up to 60%* (s 115-125); companies are unchanged.
In place of the discount comes cost-base indexation, and it is narrower than it sounds. New section 110-36(1A) allows indexation for an individual or a trust where the CGT event happens on or after 1 July 2027 and the requirements of Division 114 are met — including the 12-month rule and, for individuals, new section 114-25 (neither a foreign nor a temporary resident at any time in the relevant period). New section 960-275(1B) indexes only expenditure incurred on or after 1 July 2027, and because Subdivision 112-E deems a sale and reacquisition just before that date, indexation on an asset you already hold runs only from 1 July 2027 — not from the day you bought it. Indexation may reduce a capital gain, but it cannot create or increase a capital loss.
The main residence rules are not changed by Schedule 1 — the partial exemption is still worked out as described above. What changes, for a CGT event on or after 1 July 2027, is the percentage (or the indexation) applied to whatever portion of the gain is assessable. We do not publish a worked calculation for a post-1 July 2027 event: the Subdivision 112-E and Division 119 interactions are complex, and the ATO had published no guidance on Schedule 1 at 13 July 2026. Both measures have companion resources that go through them properly — negative gearing from 2027-28 and the CGT discount changes from 1 July 2027.