2026 Federal Budget: What the New Trust and CGT Tax Changes Mean for Property Owners | DFS
Federal Budget 2026 Property & Tax

What the 2026 Federal Budget Changes to CGT and Trust Tax Actually Mean

The 2026 Federal Budget introduced significant changes to capital gains tax and how discretionary trusts are taxed. Here's what's actually been confirmed, when it takes effect, and why this is a conversation for your accountant — not your mortgage broker.

Important — please read first

This article is general information only. It does not consider your personal financial situation and is not tax, legal, or financial advice. Digital Finance Solutions is a mortgage broker, not a registered tax agent or financial adviser. For advice on how these changes affect your specific circumstances, speak to a qualified accountant or tax adviser. Tax measures announced in a Federal Budget can also change before they are formally legislated.

What's actually been announced

The 2026-27 Federal Budget included three major changes affecting property and trust taxation. These are described here factually, based on the official government Budget announcement, without commentary on what any individual should do in response.

From 12 May 2026
CGT changes apply to newly acquired established residential properties. Properties acquired before 7:30pm AEST on this date — including contracts signed but not yet settled — are exempt from the new rules until they are eventually sold.
From 1 July 2027
The 50% CGT discount is replaced. For assets held more than 12 months, the discount is replaced with cost base indexation, alongside a 30% minimum tax on net capital gains. Eligible new builds and properties in widely held trusts or superannuation funds are subject to different treatment.
From 1 July 2028
A 30% minimum tax applies to discretionary trusts. Trustees of discretionary trusts will pay a minimum tax rate of 30% on the trust's taxable income. There are reportedly over 900,000 family trusts currently operating in Australia.

Note: these dates and details reflect Budget announcements as reported publicly. Final legislation may differ. Always confirm current status with the ATO or a registered tax agent before relying on these dates for a decision.

Why the government says it's making these changes

According to the government's own stated rationale, the trust tax measure is intended to reduce income splitting between beneficiaries of discretionary trusts and to align tax paid through trust structures more closely with standard income tax rates paid by employees. The CGT change is described as restoring taxation of real (inflation-adjusted) gains, partially returning to a system similar to the one in place before 1999.

What this article will not do: Tell you whether to keep, restructure, or exit a trust, or whether to buy, sell, or hold a property because of these changes. Those are personal financial decisions that depend entirely on your individual circumstances, and require advice from a qualified tax professional.

Why this is relevant if you're buying or financing property

Even without giving advice on what to do, it's worth understanding that these changes may influence the financing conversations happening across the property market over the next 12-24 months — particularly around timing of purchases relative to the 12 May 2026 cutoff, and how property is held going forward (personal name, trust, company, or other structures).

Whatever structure you and your accountant decide is right for your situation, the lending side of that decision — which lender suits that structure, how income or trust distributions are assessed for borrowing purposes, and what documentation is required — is where a mortgage broker adds value.

What to do next

If these changes are relevant to a property purchase, sale, or structuring decision you're considering, the appropriate first step is a conversation with a registered tax agent or accountant who can assess your specific situation against the confirmed legislation as it stands. Once you have clarity on the structure and approach that suits you, we're happy to help with the lending and finance side of whatever you decide.

Common questions

Frequently asked questions

When do the new CGT changes take effect?

The CGT changes apply to established residential properties acquired from 7:30pm AEST on 12 May 2026 onward. Properties acquired before that time, including contracts entered into but not yet settled, are exempt from the changes until they are sold.

What is replacing the 50% CGT discount?

From 1 July 2027, the 50% CGT discount will be replaced by cost base indexation for assets held more than 12 months, combined with a 30% minimum tax on net capital gains.

How does the new trust tax work?

From 1 July 2028, trustees of discretionary trusts will pay a minimum tax of 30% on the trust's taxable income. This is a structural change to how trust income is taxed at the trustee level.

Does this mean I should change how I hold my property?

This is a question for a registered tax agent or accountant, not a mortgage broker. The right structure depends on your personal financial situation, and this article does not constitute tax or legal advice.

Are these changes definitely happening?

These measures were announced as part of the 2026 Federal Budget. Tax legislation can be subject to further consultation, amendment, or delay before formal enactment, so it's worth confirming the latest status with a tax professional or the ATO before making any decisions.

Full disclaimer

This article provides general factual information about publicly announced Federal Budget measures as at the date of publication. It is not financial product advice, tax advice, or legal advice, and does not take into account your objectives, financial situation, or needs.

Digital Finance Solutions is a mortgage broking business. Corry Cincotta is a Credit Representative (Number 532405) of Beagle Pty Ltd (Australian Credit Licence No. 391237). Neither Digital Finance Solutions nor Corry Cincotta is a registered tax agent, financial adviser, or legal practitioner, and nothing in this article should be relied upon as advice in those areas.

Tax and legislative measures described here are based on Budget announcements and may be amended, delayed, or not proceed in their current form. Readers should seek independent advice from a registered tax agent, accountant, or financial adviser before making any decisions in relation to property, trusts, or tax structuring.