Negative gearing lets property investors offset rental losses against other income, reducing their taxable earnings while they hold an asset expected to grow in value.
From 1 July 2027, that changes for anyone acquiring an established dwelling after 7:30pm AEST on 12 May 2026. Rental losses on these properties will be quarantined, meaning they can only be used to offset other residential rental income or carried forward to offset future residential rental income or capital gains. They cannot be used to reduce salary, wages, or other non-residential income. Properties held before that cut-off date, and eligible new builds, continue under the existing rules.
For Hornsby residents weighing up their next purchase, the distinction between established stock and new construction has become a line in the tax code, not just a lifestyle preference. The suburb's mix of period homes near the village centre and newer townhouse developments closer to Westfield and the transport interchange now carry different tax treatments, and that affects both borrowing strategy and portfolio planning.
How the Quarantine Rule Works for Established Dwellings
Rental losses on affected properties can only be offset against other residential rental income or carried forward to future years. If you acquire an established unit in Hornsby after 12 May 2026 and it runs at a $10,000 annual loss, you cannot use that loss to reduce tax on your salary. Instead, you carry it forward and apply it when you eventually sell the property or earn rental income from another residential property. If you already own one positively geared investment elsewhere, you can offset the Hornsby loss against that income in the same year.
Consider a buyer who settles on an older two-bedroom apartment near the railway station in August 2027. Rental income covers most of the mortgage, but not the body corporate levy, rates, and insurance. The property runs a $6,000 loss in the first year. Under the new rules, that loss sits in a separate tax bucket. If the investor has no other residential rental income, the loss is carried forward. When they sell the apartment five years later and trigger a capital gain, the accumulated losses reduce the taxable gain. The tax benefit is deferred, not removed, but cash flow in the early years is tighter than it would have been under the old system.
Grandfathering and Transition Rules You Need to Understand
Properties held at 7:30pm AEST on 12 May 2026, including those under contract awaiting settlement at that time, may continue to be negatively geared under existing rules until sold. Properties acquired between 7:30pm AEST on 12 May 2026 and 30 June 2027 may be negatively geared under existing rules until 30 June 2027 only, after which the quarantine applies.
If you exchanged contracts on a Hornsby townhouse in late April 2026 and settled in June 2026, the property is grandfathered. Rental losses can still be offset against your other income for as long as you hold it. If you exchanged in early June 2026 and settled in October 2026, you fall into the transitional period. You can offset losses against salary until 30 June 2027, but from 1 July 2027 onward, the quarantine applies. The distinction turns on when contracts were exchanged, not when they settled.
We regularly see confusion around properties purchased off the plan before the cut-off. If a buyer signed a contract in March 2026 for a unit that did not settle until late 2027, the property is grandfathered because the contract was entered before the threshold date. The settlement date does not override that protection.
What Counts as an Eligible New Build
Eligible new builds are exempt from the quarantine rule and can be negatively geared in the traditional way. These are dwellings constructed on previously vacant land, and dwellings that replace existing properties where the number of dwellings increases.
Knock-down rebuilds that do not increase dwelling numbers are not eligible. A single house replacing another single house does not qualify, even if it is newly built. A new build occupied for more than 12 months before sale to a subsequent investor loses access to negative gearing for that subsequent purchaser. That rule matters for anyone buying a relatively new property in Hornsby that has already been lived in or rented out for more than a year.
As an example, a developer subdivides a larger block off Galston Road and builds three attached townhouses where one house previously stood. A local investor buys one of those townhouses in late 2026 and settles in early 2027. Because the project increased the total number of dwellings, the townhouse qualifies as an eligible new build. The investor can offset rental losses against salary under the existing rules, even after 1 July 2027. The same investor looks at a new house built to replace an older house on a single title near Mount Colah. That property does not qualify, despite being newly constructed, because the dwelling count did not increase.
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How Interest-Only Loans and Repayment Structure Interact with the New Rules
Interest-only loans remain a common feature of investment loan structures because they maximise tax deductions and preserve cash flow while the property appreciates. Under the new rules, the deduction itself is not removed, but its usefulness is delayed if the property runs at a loss and you have no other residential rental income to offset.
If you hold an interest-only loan on an established Hornsby property acquired after the cut-off, you still claim the full interest expense. But if that expense, combined with other outgoings, pushes the property into a loss, that loss is quarantined. You do not lose the deduction, but you cannot use it to reduce tax on your wage or business income in the same year. It sits in the quarantine bucket and waits for either a future residential rental profit or a capital gain.
For investors building a portfolio, this can work in your favour. A negatively geared established property and a positively geared new build, or two established properties where one runs at a profit, create internal offsets. The quarantine applies at the level of all your residential rental income combined, not property by property. That makes diversification across property types and loan structures more relevant than it was under the old rules.
Capital Gains Tax Changes That Take Effect at the Same Time
From 1 July 2027, the 50 per cent capital gains tax discount for individuals, trusts, and partnerships is replaced for affected assets with cost base indexation using the Consumer Price Index and a minimum 30 per cent tax rate on real capital gains. Gains accrued before 1 July 2027 on existing assets continue under current rules. The new arrangements apply only to gains accruing after 1 July 2027.
Eligible new build residential properties get an election between the 50 per cent capital gains discount and indexation with the 30 per cent minimum tax. For established dwellings acquired after the cut-off, there is no election. You move to indexation and the minimum rate on the portion of the gain that accrues after 1 July 2027.
If you buy a Hornsby apartment in September 2027 and hold it for ten years, the gain you realise on sale will be indexed for inflation over that period. The real gain, after indexation, is then taxed at a minimum rate of 30 per cent. If your marginal rate is lower than 30 per cent in the year you sell, perhaps because you are receiving a means-tested income support payment, you may be exempt from that minimum. Otherwise, the minimum applies. The change does not make capital gains exempt, but it does reduce the headline tax rate compared to the old discount method if inflation is high and you hold the property for a long time.
How Lenders Assess Investment Loan Applications Under the New Settings
Lenders assess investment loan serviceability using the same buffer and debt-to-income settings they apply to owner-occupied lending. From 1 February 2026, APRA's debt-to-income cap allows lenders to fund up to 20 per cent of new investor loans at a DTI of 6 times or greater. The buffer remains at 3 percentage points above the product rate.
The new negative gearing rules do not change how lenders calculate serviceability, but they do change the after-tax cash flow you experience once the loan settles. A property that would have delivered a tax refund under the old rules now delivers a carried-forward loss. That difference does not appear in the lender's calculator, but it does appear in your bank account.
When structuring an investment loan application, we focus on ensuring the rental income and your other income can service the debt at the buffered rate, regardless of whether the property runs at a profit or loss for tax purposes. If you are acquiring an established dwelling after the cut-off and you do not have other residential rental income, assume you will not receive a tax offset in year one. Build your deposit, offset account, and repayment buffer accordingly.
Refinancing Existing Investment Loans Before or After the Changes
Refinancing an existing investment loan does not change the tax treatment of the underlying property. If the property was held before 7:30pm AEST on 12 May 2026, it remains grandfathered even if you refinance the loan in 2028 or later. The tax rules attach to the date you acquired the property, not the date you took out or refinanced the loan.
That distinction matters for Hornsby investors who want to release equity from a grandfathered property to fund a deposit on a second purchase. The original property continues to generate deductible losses that can be offset against salary. The new property, if it is an established dwelling, will be subject to the quarantine. You end up with one property under the old rules and one under the new rules, even though both loans might be with the same lender and settled on the same day.
If you are considering a refinance to access equity, the timing of the new purchase matters more than the timing of the refinance itself. Speak to a tax adviser before you exchange contracts, not after you settle.
Building a Portfolio Under the New Tax Settings
Property investors in Hornsby who want to hold multiple dwellings now need to account for the interaction between grandfathered properties, eligible new builds, and affected established stock. A portfolio that mixes all three can still produce an overall tax loss that offsets salary, provided the grandfathered properties generate enough negative cash flow to absorb the quarantined losses from the newer purchases.
In our experience, investors who were planning to buy established units or townhouses in areas close to Hornsby, such as Waitara or Normanhurst, are now comparing those purchases against new townhouse developments in Rouse Hill or Kellyville. The tax treatment is one variable among many, but it has become a more prominent one since the legislation passed. The decision is not just about capital growth and rental yield anymore. It is also about whether the property qualifies for traditional negative gearing or sits in the quarantine.
A Hornsby-based investor holding two grandfathered properties and acquiring a third in 2028 has more flexibility than someone starting from zero. The carried-forward losses from the new property can eventually be used, but they do not deliver the same year-one cash flow benefit that made negative gearing attractive in the past. For first-time property investors, that changes the equation around deposit size, income stability, and how long you plan to hold the asset.
When to Speak to a Mortgage Broker and a Tax Specialist
The legislative changes that took effect on 26 June 2026 are still being interpreted. The ATO is releasing guidance on what counts as an eligible new build, how the quarantine is reported, and how carried-forward losses interact with other deductions. Lenders are updating their product disclosure and serviceability models. Any decision you make in the next 12 months should be informed by both current legislation and emerging administrative practice.
A mortgage broker can help you structure the loan, compare investment loan options from lenders across Australia, and model different scenarios based on your income, deposit, and portfolio goals. A tax specialist can confirm whether a property you are considering qualifies for an exemption, how the quarantine will affect your return, and whether you should adjust your withholding or payment arrangements to reflect the reduced refund you will receive.
The two conversations are separate, but they need to happen before you exchange contracts. Once the property settles, the tax treatment is locked in based on the acquisition date and the property type. There is no mechanism to retrospectively convert an affected property into an eligible one, and there is no scope to backdate grandfathering.
Call one of our team or book an appointment at a time that works for you. We work with Hornsby investors acquiring their first property and those expanding an existing portfolio, and we can connect you with the tax and legal professionals who understand how the new rules apply to your circumstances.
Frequently Asked Questions
Can I still negatively gear a property I buy in Hornsby after 1 July 2027?
Yes, but only if the property is an eligible new build. Rental losses on established dwellings acquired after 7:30pm AEST on 12 May 2026 are quarantined and can only offset other residential rental income or future capital gains, not salary or wages.
What happens to properties I already own before the cut-off date?
Properties held at 7:30pm AEST on 12 May 2026, including those under contract awaiting settlement, may continue to be negatively geared under existing rules until sold. The tax treatment does not change if you refinance the loan.
What counts as an eligible new build for negative gearing purposes?
Dwellings constructed on previously vacant land, and dwellings that replace existing properties where the number of dwellings increases. Knock-down rebuilds that do not increase dwelling numbers do not qualify, and a new build occupied for more than 12 months before sale loses eligibility for the next purchaser.
How does the capital gains tax change affect investment properties?
From 1 July 2027, the 50 per cent CGT discount is replaced with cost base indexation and a minimum 30 per cent tax rate on real gains for affected assets. Gains accrued before 1 July 2027 continue under current rules, and eligible new builds can elect between the discount and indexation.
Do lenders assess investment loan applications differently under the new rules?
No. Lenders use the same serviceability buffer and debt-to-income settings. The negative gearing changes affect your after-tax cash flow, not the lender's assessment of whether you can service the loan.