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Am I grandfathered?

One evening in May 2026 split every residential property in the country into two tax regimes. Tell us when you signed and we'll tell you which one you're in, straight from the words of the Act.

The day you exchanged, not the day you settled. Settlement can fall either side of the cutoff without changing the answer.

Ordinary family trusts get no exemption here, despite what the name might suggest. Only widely held unit trusts and complying super funds do.

Start with the contract date

Which side of the cutoff are you on?

Fill in when you signed and we'll tell you which set of rules this property falls under, and what that means from 1 July 2027.

What actually changed

From 1 July 2027, a net loss on residential property stops reducing your salary and other income. Instead it gets quarantined: held back, applied against residential capital gains when you eventually sell, and rolled forward year to year until something absorbs it. The deduction is deferred rather than taken away.

Whether that happens to a given property comes down to when you last acquired your interest in it. Before 7.30pm ACT legal time on 12 May 2026 and nothing changes. At or after it, and the property falls under the new treatment for good, since the test is about acquisition rather than about any given income year. The Act does make exceptions: new residential dwellings, which the Minister hasn't yet defined; dwellings used for a purpose the Minister exempts by determination; and two kinds of owner, widely held unit trusts and complying super funds. The questions below take them in turn.

Two things get reported wrongly often enough to be worth naming. The cutoff is a contract test, so a property that exchanged before the deadline and settled months later is grandfathered. And build-to-rent is not exempt on the face of the Act, whatever you may have read.

FAQ

Questions worth asking first

You are if you last acquired your interest in the property before 7.30pm ACT legal time on 12 May 2026. The test looks at the day you signed the contract, not the day you settled, so a contract signed in April 2026 that settled in September 2026 is still grandfathered. That comes from s 26-155(2)(a) of the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, read with the contract-timing rule in s 26-155(3).

See which side of the cutoff every property sits on.

The Act tests the cutoff one property at a time but quarantines the loss across your whole portfolio, so one answer here only gets you halfway. Add your properties and BrickTrack records which side of the cutoff each one falls on, and shows what each one earned and cost you, year by year.

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General information, not tax advice. This tool reads the acquisition test in s 26-155 of the Treasury Laws Amendment (Tax Reform No. 1) Act 2026 and nothing else; it does not know your income, your other properties, or anything else that decides what you can actually claim. Quarantining is worked out across your whole portfolio rather than property by property, so a single answer here will not tell you your position. Talk to a registered tax agent before acting on it.

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