Article
How To Track Grandfathered vs New Investments As Tax Rules Change
A practical guide to tracking grandfathered vs new investment properties as negative gearing and CGT rules change, so you don’t lose deductions or overpay tax.
Key Takeaway
This article explains how Australians should track grandfathered vs new investment properties as negative gearing and CGT rules change from 1 July 2027, when residential rental losses on many new established dwellings will be quarantined. It outlines a step‑by‑step record‑keeping system: separate loan splits, distinct offset accounts, labelled folders and a per‑property schedule. A worked example shows how this prevents misclaimed wage-offset deductions and supports accurate tax returns and refinance decisions.
From 1 July 2027, many investors will have some properties under old negative gearing/CGT rules and others under the new regime, so you must keep property-by-property records that clearly show which tax rules apply and which loan relates to what.
If you don’t, you risk claiming the wrong deductions, overpaying tax, or having to rebuild years of records when the ATO asks questions.
A simple spreadsheet can keep grandfathered and new investments clearly separated for tax purposes.
1. What “grandfathered” vs “new” really means
Grandfathered investments are properties where the old rules continue to apply because you owned them before the reform cut‑offs (for example, a residential investment bought before 12 May 2026 and held through 1 July 2027).
New investments are properties bought under the new rules, especially established dwellings purchased after the key dates where:
- Rental losses are quarantined to rental income and capital gains, not wages.
- CGT concessions are reduced or reshaped.
By 2028, many clients will hold both:
- A pre‑2026 investment with full negative gearing against salary.
- A 2027 purchase where losses can’t reduce wage income.
That mix is why record‑keeping suddenly matters a lot more.
For any established residential property bought after 12 May 2026, model cashflow assuming no wage‑offset negative gearing from 1 July 2027 and use pre‑tax cashflow as the key decision metric.
If you need help choosing investments under the new rules, see How To Rethink Investment Property Choice When Tax Rules Tighten.
2. The core rule: one loan story per property
The ATO doesn’t care which property secures a loan.
They care what the borrowed money was used for.
So your system needs to show, clearly:
- Which loan split funded which property and costs.
- Which tax regime that property sits under (grandfathered vs new).
Practical loan structure
Where possible:
- Have one primary loan split per property.
- Keep equity‑release splits separate, each with clear notes about which property they funded.
- Avoid cross‑collateralising everything together unless a lender gives you no choice.
This mirrors the advice we give in leverage pieces like How Property Leverage Really Works.
Worked example
- 2024: You buy Unit A (grandfathered). $500k loan, Split A1.
- 2027: You release $120k equity from your home (Split H2) and buy Unit B (new rules) with a separate $480k loan (Split B1).
Your spreadsheet should show:
- Split A1 → Unit A (grandfathered)
- Split H2 + Split B1 → Unit B (new rules)
Losses on Unit A can still offset wages.
Losses on Unit B are quarantined to rental/CGT from Unit B (and possibly other post‑reform dwellings, depending on final law).
The strategy continues below
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Frequently asked questions
Do I need a separate loan for every investment property?▾
How do I tell if a property is grandfathered under the negative gearing reforms?▾
Can I fix messy mixed‑purpose loans after the rules change?▾
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