02/08/2026
There are plenty of tax changes happening at the moment, and over the coming weeks we'll be taking a closer look at Capital Gains Tax and the recent Budget measures.
Before that begins, here are two other developments that we think are worth sharing.
1. Changes to Trusts – Proposed 30% Minimum Tax
At this stage, we are still waiting for draft legislation on the Government's proposed changes to the taxation of discretionary trusts.
Until the legislation is released, we will not be recommending restructures or significant changes based solely on the Budget announcement. The Treasury released a consultation paper in July, but there is still considerable uncertainty around how the rules will ultimately operate.
One area currently under consultation is the impact on not-for-profit (NFP) beneficiaries that receive distributions from discretionary trusts. Many of our clients distribute income to NFP organisations that are not deductible gift recipients (DGRs). The proposed rules could significantly affect these organisations and the families that support them.
The proposed changes are intended to commence from 1 July 2028, giving some time for planning once the legislation is finalised. We'll continue to monitor developments and keep you informed as more details are released.
2. Holiday Homes – New Deduction Rules
Changes to the legislation, together with a recent ATO Taxation Ruling, mean that from 1 July 2026, the tax treatment of holiday homes has changed significantly.
Previously, ownership expenses such as mortgage interest, council rates and land tax could generally be apportioned between periods when the property was available for rent and periods of private use.
That approach no longer applies.
From the 2027 financial year, where a property is used both as a holiday home and to generate rental income, the ATO will instead consider the main use of the property.
If the property's main use is determined to be for private holiday or recreational purposes, ownership expenses - including mortgage interest, council rates and land tax may not be deductible at all.
Conversely, if the property's main use is to produce rental income, an appropriate portion of these expenses may remain deductible. The focus has shifted from whether the property was available for rent to how it is actually used.
For example, if a beach house is listed on Airbnb but is blocked out for the peak holiday periods such as January and Easter for the owners' personal use, the ATO may conclude that the property's primary purpose is private recreation rather than income production. This could substantially reduce, or even eliminate, the available tax deductions.
For many property owners, this may significantly reduce negative gearing benefits and increase their overall tax liability.
So, what should you do?
If you own a holiday home that is also rented out, we recommend reviewing your property's usage now. Early planning may allow you to restructure the way the property is used so that you continue to maximise the deductions available under the new rules.
As always, if you're unsure how these changes may affect your circumstances, please contact us before making any decisions.