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Negative gearing: is it a tax concession?

Negative gearing is a phrase used in Australian tax policy debates regarding rental property investments. It is claimed to be a tax concession that an investor receives a tax deduction for interest expenses that contribute to a current loss on a rental property investment and can combine that with wage income for tax purposes. The deductibility of interest for tax purposes, though, is part of the general provisions of the tax act, ie that expenses incurred in earning of assessable income are deductable for tax purposes.[1] So what is the basis of the claim that this is a tax concession?

What is negative gearing?

There are two words in the phrase ‘negative gearing’. The second word ‘gearing’ simply means that borrowing is used in the financing of the investment. The first word ‘negative’ means the current expenses of the investment are greater than its current income. That is, the investment is making a loss in the current financial year (with a presumed accruing capital gain). So, a negatively geared investment is one that uses debt in its financing and the current expenses are greater than the current income.

While the tax policy issues around negative gearing are relevant to any taxable investment, the negative gearing phrase is typically used for rental properties investments. The expenses consist of interest on a loan and other costs such as property maintenance, depreciation and other taxes – all deductable in the current financial year. The returns can be categorised in two parts: current income in the form of rent, which is taxable in the current financial year; and an accruing capital gain, which is taxable only upon sale of the property and generally with a 50% discount.

While a rational investor will expect to make a positive return over the life of an investment, that can be consistent with making a loss in the current financial year (current income minus current expenses), with the accruing capital gain expected to turn that into a positive overall return.

The second aspect of the negative gearing tax policy debate is that current losses on investment income are generally able to be combined with an individual taxpayer’s other taxable income, eg wages. This is consistent with the general schema of the Australian tax system whereby in a progressive income tax system an assessment of a taxpayer’s overall ability to pay is required.

A taxpayer’s net income for the year is taken as a proxy for assessing their ability to pay tax. In the Haig-Simons[2] tradition, a comprehensive measure of net income is required to establish a good basis for assessing a taxpayer’s ability to pay tax – all income, regardless of source, form or use, should be included. Combining an individual’s capital income and labour income is what is required to assess their comprehensive income and ability to pay tax.

Rental property investments

Within the property market, it is important to understand the differences between the tax (and transfer system) treatment of investments in rental properties and in owner-occupied properties. For a given overall supply and demand in the private housing market, it is the split between these two that is fundamentally at stake.

Owner-occupied properties are generally treated more concessionally in the Australian tax/transfer system than rental properties. With owner-occupied properties, neither the imputed rent[3] from living in the house nor the capital gain upon sale are taxable. With rental properties, there is full taxation of rents and partial taxation of capital gains. Consequently, no tax deductions are allowed for owner-occupied property expenses while full deductions are allowed for rental properties.

Further, while purchases of both rental and owner-occupied properties are subject to stamp duty and both pay property rates, land tax applies to rental properties but not owner-occupied properties. In addition, owner-occupied properties are largely exempt from transfer system means tests.

Taxation of Rental v Owner-Occupied Properties

Overall, the existing tax/transfer system in Australia is heavily tilted in favour of owner-occupied housing.

Is negative gearing a tax concession?

Whether something is a tax concession needs to be assessed against some benchmark of an ideal treatment. Departures from that ideal benchmark might be considered concessions (or penalties). The general benchmark for income tax in Australia is net nominal income. The Tax Expenditures and Insights Statement adopts a comprehensive measure of income (labour and capital) and provides for deductions for expenses incurred in earning that income.

Consistent with this, the Income Tax Act states “your assessable income includes the ordinary income you derived directly or indirectly from all sources”[4] and that you can deduct from that, expenses “incurred in gaining or producing your assessable income”.[5] That is, the benchmark for the general schema of the Australian income tax law is net nominal income.

To assess the tax treatment of negatively geared investments in rental properties against this benchmark, we can first examine the expense and income sides of the transaction separately, then consider any asymmetry between them.

On the expense side, there is nothing unusual about the tax treatment of investments in rental properties. Expenses incurred in earning assessable income are deductable under the general provisions of the income tax act and this is the treatment applied to expenses for investments in rental properties.

On the income side, though, there are two components: rent and capital gains. Rent is treated like other current income; it is included in the taxpayer’s assessable income for that financial year. Capital gains, however, are treated differently. While an ability-to-pay approach in the Haig-Simons tradition would call for the accruing capital gain to be included in each year’s assessable income, akin to how depreciation on assets is allowed as a tax deduction annually, the general practice is to only apply capital gains tax upon sale of the asset. Further, only half the nominal capital gain is included in assessable income for that year.

It can be seen, then, that there is an asymmetry in the tax treatment of the expense and income sides of rental properties investments. The expense side of the transaction is consistent with the nominal income benchmark. The income side of the transaction, though, is not. From a benchmark perspective, then, to the extent there is a tax concession associated with investments in rental properties, it has nothing to do with the deduction of interest (negative gearing), it is about the income side of the transaction and the tax treatment of capital gains. Importantly, this is the case whether the property is negatively geared or not.

It can be argued, then, that the capital gains tax treatment of investments in rental properties, as with other appreciating assets, is concessional. As such, any reform of the tax treatment of rental properties is best considered in the broader context of reform of Australia’s general approach to the taxation of capital income.

Second best?

Reforming capital gains tax, though, is a difficult task. With the 50% discount, it can be argued that this is a (generous) proxy for an inflation adjustment. With the deferral of the taxing point to sale, it is claimed an accruals approach presents valuation and cash flow difficulties.

So, if capital gains tax reform is not possible, a ‘second best’ argument might be made for an offsetting distortion on the expense side of the transaction. That is, some restriction on the tax deductibility of expenses such as interest could act as an offsetting distortion to the under-taxation of capital gains.

This approach would achieve greater symmetry between the tax treatment of the income and expense sides of rental property investments. A better approach, though, would be to address the under-taxation of capital gains directly.

Consequences of increasing taxation of investments in rental properties

While assessed against the standard income tax benchmark, negative gearing is not a tax concession, it is worth examining what the consequences would be of an increase in the taxation of investments in rental properties if that step was taken.

Such an increase in the taxation of rental properties investments would add to investors’ costs, tilting the balance further in favour of owner-occupier purchasers. For a given overall supply of housing, an increase in the taxation of rental property investments would likely mean there would be more owner-occupier properties and less rental properties - at the margin some renters would become owner-occupiers.

While the tax increase on rental property investments falls initially on investors, they will seek to pass that through to tenants in higher rents. There is a distinction between the legal and economic incidence of taxes – the rental property investor has the legal incidence of the tax increase, but they will seek to pass the actual economic incidence of that tax increase onto the tenants.

The extent to which they can do that will depend on the relative market power of the landlord and the tenant. The lower their market power, the greater will be their share of the tax increase. In a tight rental market, tenants have limited alternative accommodation options, and it is likely they will have relatively low market power. Keeping in mind this is a tax increase on just one asset class, investors have other investment opportunities to achieve their required after-tax rate of return.

The consequence of a policy action to increase the taxation of rental property investments would be a reduction in the quantity of rental properties and likely some increase in rents. Conversely, there would be an increase in the quantity of owner-occupier properties. The magnitude of these changes would depend on the size of the tax increase and the realities of investor/tenant market powers.

Policy lessons

There are some major problems in the Australian tax system, including ones that impact on the housing market, that are sorely in need of reform efforts. The taxation of capital income generally is a mess, with investments in properties, shares, superannuation and bank accounts taxed in markedly different ways. Further, the use of structures such as companies and trusts to minimise tax obligations is compromising the integrity of the Australian tax system.

Increasing taxes on housing is not the way to increase supply. In the housing market, the most obvious tax reform initiative is at the state and territory level with a transition away from stamp duty (a transaction tax) to a broad-based land tax (a recurrent tax).

The negative gearing discussion is an unfortunate distraction from more genuine tax reform priorities.


[1] Contrary to some public perceptions, there is no ‘negative gearing’ provision in the tax law.
[2] American economists who developed a measure of income for tax purposes.
[3] The equivalent of the actual rent paid by a tenant in a rental property. This was part of Australian income tax law from 1915 to 1923, and still applies in some OECD countries.
[4] Income Tax Assessment Act 1997, s6-5(2).
[5] Income Tax Assessment Act 1997, s.8-1(1)(a).

 

Paul Tilley is the author of Mixed Fortunes: A History of Tax Reform in Australia. He is a Visiting Fellow at the Australian National University’s Tax and Transfer Policy Institute, and a Senior Fellow at the Melbourne Law School.

 

52 Comments
John Wilson
January 19, 2025

What is needed is a proper review of the tax system, at all levels of government: without attempting to fully list all taxes, here are some of the taxes: the Commonwealth imposes tax on annual income and capital gains, the states levy stamp duty on property purchase, and local government levies rates on capital value. Some of these reduce economy productivity by discouraging people from downsizing their personal homes to a more appropriate size and location, and by not correctly allowing for inflation.
Some comments have pooh-poohed stamp duty. It's important. Real estate fees are also material. In SA, let's assume you sell your $2m house (which has too many unused bedrooms and garden to maintain) and buy a smaller $1.5 m house or unit. That will cost around $60k for agent fees on the current house and $75k stamp duty on the new house. On top of those, there are likely move costs of $20k and minor refurb costs of $20k. That's a total cost to move of $175k. Why should I move? Tough luck young family! The drop in annual council and water rates (levied on property value) on the cheaper home would only be about $1.2k/year - immaterial.

Interest on investment loans is just another business expense - deduct it from taxable income. Eventually there will be positive income or capital gain, and tax paid will catch up
Capital gains are only of value when they are realised on sale. Levying taxes with a pay-as-you-go tax eliminates a tax shock but incurs taxes on gains that might not happen (just like Albo's tax on large super holdings). In regards to discounting CGT, Keating got it right by indexing the cost base - that only taxes real gains (important during high inflation periods), but Costello/Howard introduced the 50% discount on nominal gains (this benefitted short-term holds, but penalised long holds, particularly during high inflation).
Bring back CGT on sale with indexation of cost base! As some have commented, that has an adverse effect of increasing taxable income in a year and potentially paying a higher marginal rate of tax in a higher tax bracket. One way of fixing that is to somehow average the abnormally high income over years (as is or used to be done for farmers). An alternative, which I prefer, is to cut out all the crap and flatten the tax rates by either eliminating tax levels or by having a progressively increasing tax rate (that's easy with computers).

Dobi
January 20, 2025

Dobi
A few quick comments:- There is a general perception that landlords are rich and rorting the system. The majority of landlords own 1 to 2 rentals and provide a housing rental service that governments cannot provide. Negative gearing normally cuts out after 5 to 10 years max then income is taxed at marginal rates for the rest of the ownership period. Negative gives young people an easier entry to the property market and I think we should be encouraging young people to provide for their own retirement.
Land tax has not been considered. This is a state based tax but is another large impost on landlords. I have a property where land tax is 22% of gross income and 50% of net income. This tax has not been indexed and will eventually catch every investor.
Many comments refer to property investment as passive income. I would suggest they little understanding of the subject. Unless a landlord carries out a good deal of the admin and maintenance the investment return is far less.
Share purchases are always considered as investment or trading while property purchases are always considered as investments(probably because of in and out costs) but there are certainly property traders(flippers) Capital gains should apply equally across all asset classes(including art antiques cars etc if that were possible). Capital gains tax could be calculated on individual assets in brackets(as in income tax) with tax rates reducing depending on length of time the asset is held. i.e. the tax rate on 1 year ownership (trading) should be high and for long term ownership say lifetime it should be quite low as the investor has paid marginal rate income tax as well as the other taxes for the majority of the life of that asset.

Trevor
January 20, 2025

By targeting land tax at landlords the government is effectively targeting renters as presumably landlords will be recovering some if not all land tax from their tenants.

It would fairer to levy land tax on all residential property at a much lower rate to collect the same amount of revenue.


GeorgeB
January 21, 2025

"It would fairer to levy land tax on all residential property at a much lower rate to collect the same amount of revenue."
We already pay land tax on all residential property-just look at the site value component of the CIV in the annual valuation and rate notice from your local council-in many established suburbs the site value contributes a substantial component of the CIV and annual rates (85% in our case)

Trevor
January 21, 2025

George, yes there’s a component of council rates calculated on the basis of land value. But that’s not land tax. Land tax is in addition to council rates and is targeted at a small minority of landholders

GeorgeB
January 21, 2025

Trevor its arguable that when the majority of the tax paid to a local govt is for the "land" component of CIV, its not incorrect to call it a "land tax" no matter who collects it (local or state govt)

JohnS
January 21, 2025

i completely agree "Keating got it right by indexing the cost base - that only taxes real gains"

and he also got it right "One way of fixing that is to somehow average the abnormally high income over years (as is or used to be done for farmers)" which was what keating had in the original CGT approach (average over 5 years)

The other thing Keating got right, was the approach to taxing super. Originally there was no tax on super going in, but you got taxed on it at your marginal tax rate when you started to draw it down. ie you salary sacrificed todays income for future income. effectively you had an averaging of income over your lifetime (a bit like the farmers income equalisation scheme). Keating was running out of money, so introduced a 15% tax on super contributions. But he gave that 15% back to you when you started drawing down your pension. A minor change to the zero tax going in, tax when it comes out, sort of a "with holding tax". People with average super balances paid no tax coming out, as the 15% rebate offset the tax you would other wise have to pay. Those with large balances, and large drawdowns paid tax on their pension. Again keating got it right. Then (again) costello wanted a headline to win the election, and made the tax on withdrawal of super zero. Didn't change the tax for average retirees, but for those with big super balances, it made a lot of difference. Hence the changes that had to be made, limiting the pension transfer amount, and introducing a higher tax on super balances over $3m. The keating method handled all this.

Keating was really ahead of his time (or at least his advisers were), but then political matters (Costello) came in

Wildcat
January 19, 2025

Indexation of gains is only logical, quarantining losses to the property might be a middle of the road result much like losses are contained within a company or trust and can’t be shared around.

However the supply of property remains the problem. This is just tinkering. In the 1970’s with a population of less than 13m governments were approving 18-20k residences. Now with double the population it’s less than 4,000 this past few years. This 90% drop (1/5 houses for double the population) in public housing. Adding the aggregate loss of 10k homes per annum over this 50 year period that’s 500,000 that have not been built for the bottom 20% that will never buy a home. What do you think the rental markets and property prices would look like if governments of all types had not abdicated their responsibilities?

Sven
January 19, 2025

What about removing the CGT main residence exemption and allowing the same deductions as for investment properties?
This could lead to a more sensibly priced real estate market & increased capital for nation building productivity projects such as energy, water, road, rail & communications.

Politically tough to execute but I believe the current system drives too much capital into home ownership & I am a homeowner.

Ian
January 19, 2025

In my view, two simple changes to taxation on property would make a substantial difference to the exaggerated inflation of housing. Deducting the interest component of negative gearing from other income is the significant problem. The majority of negatively geared investment properties remain negatively geared, either by purchasing additional properties or by selling the property once the rent equates to the interest, and buying another more valuable negatively geared asset. Negative gearing on houses is therefore a capital play, not an income earning investment, so the application of s 51 of the tax act is mis applied. If the excess interest over income was accrued and deducted against the capital gain from that investment, the huge annual deduction for excessive interest on rental housing against personal exertion income would be removed. Obviously, any change would need to be grandfathered to allow for people who have made decisions based on the availability of the deduction. Perhaps five years is the right term for that.
The other factor distorting the housing market is the lack of capital gains tax on one's private domestic residence. A family of four can comfortably live in a house of 150 m², but the average house being built, and the older houses being modified, are being taken up to 250 m² plus. The reason for this is that the owner of the property will avoid capital gains tax on that investment. With modern computing, it would be simple to create a formula whereby part of the capital gain, on the area over say 150 m² is taxed. This would remove the incentive of over capitalising one's domestic residence, taking the heat out of some of the property market, allowing for construction of smaller and therefore less expensive houses, and making that capital available to other financial assets. And of course the structure of the tax would need to allow for houses of larger families being allowed extra area before the tax cuts in.

Steve
January 19, 2025

I might repeat some comments already made but my take is that the tax system is what the government and society decide it needs, eventually. As we all know negative gearing is when costs exceed income, and the accrued losses are used to offset against other taxable income. In the case of property I see this as a form of subsidy for the tenant as the cost to the landlord to own the property exceeds his/her rental income. As a social metric, the landlord deserves some credit. BUT, if a landlord owns multiple properties (say >3) and still runs the portfolio at a loss then I would think that's poor business management and any loss should not be allowed. Of course one loss making property might be offset against one or more positively geared properties in the portfolio. Now if we remove (just) the negative component totally, the landlord can still offset expenses up until they equal the costs, which for most landlords would be the vast majority of costs. One needs to distinguish between offsetting costs against income and offsetting costs that exceed income. I would argue that as the tax deduction only applies for income producing investments, once the income is fully offset, any additional costs mean the investment no longer meets the "income producing" criteria and tax deductibility on the excess cost should therefore not be deductible. Bush accounting at its finest.....
On capital gains we need to remember we're in 2025 with modern accounting software. It is eminently easy to calculate real gains versus nominal gains, so drop the 50% concession and just calculate the real gain. JUST DO IT as the ad used to say. How much aggro could the govt avoid if they could show they were only taxing real gains and no nominal numbers like "50%" for people to get all in a tizzy over. Further, as income is taxed annually at the marginal rate, taxing cumulative gains in a single year for multiple years of gains is also a nonsense (I won't even give the stupid idea to tax unrealised gains any time at all). A variation on the old 1/5th of the gain to calculate a marginal tax rate payable, which was then multiplied by 5 for an overall tax bill was eminently sensible, again in an era when modern software was not readily available this was a simple compromise. I would go a step further and (a) determine the real gain; (b) divide the real gain by the number of years (or days/365) the asset was owned and determine the tax payable on this annualised gain and apply this over the whole real gain. It would be hard to argue such a simple calculation unfair or generous as it allows for both the impact of inflation and the lumpiness of a one off realisation from a multi-year investment. Simply plug in acquisition cost, acquisition date, sale price and sale date into your tax program and the real gain and annualised total capital gain tax owing would spit out in a millisecond.

Darrin
January 19, 2025

Thoughtful

Greg Hollands
January 19, 2025

Well Steve if "poor business management" is to be penalised then you should start with(for example) , Optus which did not generate a profit in Australia for about 8 years. A more temporal example would be Atlassian which has not generated a profit at all but is apparently worth billions. This would suggest that this is not the test for deductibility ox expenses, and neither it should be. The sole test is whether the expense is incurred in the pursuit of assessable income. Of course, you also overlook the symmetry position - that is, the deduction is claimed by the property owner - the necessary corollary of this is that the interest is assessable to the recipient and tax paid upon that interest. So you seem to be happy with the position that the tax system taxes the income but does not allow a deduction. So why a special rule disallowing such an actual expense against rental income? Should this apply to all sources of income? Equity demands this not to be the case!

Linda
January 19, 2025

I don’t understand what you are saying Greg. I think Steve makes some interesting points which I would add to.

Intentionally created losses ( through excessive use of debt) and used to “minimise tax” should fail a proper purpose test. Without extending usage of those losses to other income then making losses is not a good business practice.

In my view property investment losses should be utilised in the business of property investment. So a more logical approach is to allow the carry forward of the losses till when rental income exceeds the costs ( including interest). It would then allow the losses to be utilised against the capital gains on the sale of the property. It would simply require the investor to determine that that the property is held on trading ( income ) account. If not, the carried forward losses would be lost on sale of the property.

Multiple property structures or strategies ( utilising negative gearing across them) could utilise the same rules with losses carried across the multiple properties.

In any case I also think it is arguable that all negatively geared property is actually bought and held for trading purposes. Thus the capital gain should therefore be on income account with no indexing.

JohnS
January 19, 2025

The removal of indexation of gains (and replacement with the arbitrary 50%), and the removal of the five year averaging provisions are two of the problems that Costello created by "simplification"

The other big one that has caused so much increase in the complication of the superannuation system was the "tax free status" of super payments to people aged over 60. The old system (still used for those under 60) where you were taxed at 15% on contributions and earnings, and got the 15% back as a tax rebate (with the super income taxed) was much more logical. If that still existed, then there would have been no need for the maximum amount that you can make into a pension, nor would there be the need for the extra tax on super over $3m. The old system would have taken care of all these problems. Plus it was logical.

But the "headline" for Costello for both of these changes, cost the government very little, but made great headlines (and won votes)

John Abernethy
January 17, 2025

I well remember listening to a presentation by a highly successful property investor who was asked by an attendee for his views on negative gearing. His answer was succinct and worth reflecting upon - given his success - "I have never negatively geared a property investment. I always positively gear so as to generate more rental cash income than I pay in interest. I have never seen the logic in losing cash flow. The benefit in cash flow is it allows me to reinvest cash flow and achieve compounding of my returns".

Clearly he was talking about investment in existing property, not development property, which has a different cash flow profile. However, the message re compounding of returns through investment cash flows used to reduce debt, or for property upgrading or even new investment opportunities, is not properly considered as an opportunity cost in many investment return calculations.

In my view, and I have previously argued this point, leverage adds to the market price of property. If leverage is excessively allowed or facilitated by the banking system, it acts to create a higher market price for property. More debt utilized in an acquisition - a higher LVR - allows a purchaser to pay more but it also increases the risk in the purchase. Negative cashflows is a a symptom of higher risk.

Therefore, taxation rules governing investment, which allow for interest deductibility on income generated from sources other than property income, add to the price that buyers can pay for property. Without these benefits the clearance price of investment property and therefore housing generally would be lower.

I acknowledge that interest deductibility for development - that actually creates new supply - is a different consideration and maybe it should have different interest deductibility entitlements.

Finally, a point that seems lost in most commentary regarding negative gearing taxation benefits, is that these deductions draw from the taxation collection pool that is substantially contributed by PAYG earners. Thus, those workers ( a minority) utilising negative gearing pay less tax from their income. Those (the majority of workers) who don't utilize negative gearing must therefore contribute more to the pool to make up the shortfall. It's a rebalance that governments factor in when they set income taxation rates.

Ignoring the efficiency of government expenditure, I would question whether it is fair for workers in general, that taxation benefits are granted to some and to the detriment (in cashflow terms) of the majority of workers.

This is an issue that needs to be thought through, with proper consideration of all the consequences of negative gearing, and particularly considering the effect on the average worker who pays his tax as they work.

Stating that the Tax Act currently allows for deductibility of investment interest against all income sources is a statement of fact. It is not a statement of the logic or fairness of that law.

DerekD
January 20, 2025

Some very considered points made John.

Vic
January 17, 2025

For many of us on low income and consequently low marginal tax rates, who have owned and investment property for decades, the 50% CGT discount is definitely not a concession.
Since the profit is taxed as if all accrued in the year of sale then in conjunction with our progressive tax scale we end up in a very high tax bracket. Such profit, of course, accrues incrementally over long periods, (24 yrs in my case). Moderate annual profits, if added to my quite low income in retirement, would result in remaining in lower tax brackets and considerably lower overall tax liability even without any CGT discount.

Trevor
January 18, 2025

You could move into the investment property and sell your current PPR and thus avoid the cgt on your investment property.

Matt
January 19, 2025

Trevor - this is not entirely accurate.

Moving into an investment property does not retrospectively exempt the periods when it was rented out or used to produce income.

While moving in can reduce CGT through a partial exemption, it does not eliminate CGT liability for the period when the property was rented out.

Trevor
January 21, 2025

Matt,
You’re right but CGT liability will only be crystallised when the property is sold. So move into it and don’t sell it. Take the tax free gain on the ppr and live in the investment property. That’s the point I was trying to make.

Dudley
January 21, 2025

"Take the tax free gain on the ppr and live in the investment property":

And dump proceeds from sale of PPoR plus other capital less full Age Pension Assessable Assets threshold into the new PPoR (former IP) then claim Age Pension.

Matt
January 22, 2025

That’s fine but at some point the CGT will ultimately become crystalised. At most, when you pass on, the liability would fall to your beneficiaries.

Tony Dillon
January 17, 2025

It was the Howard Government that replaced indexation of the capital cost base for inflation, with a 50% discount on the capital gain if the asset was held for longer than a year. The discount became a proxy allowance for inflation, and is generous for assets held for short periods in a low inflation environment, and meagre for the converse. So a return to indexation would seem logical.

But there is also the thinking that the discount dampens the sledgehammer effect of realising the capital gain at a point in time and taxing it wholly, even though it has accrued over possibly a lengthy period. In the year that the gain is realised, it can dwarf other income, pushing investors into the highest tax bracket.

But you can’t just think about CGT in isolation. If you think of the progressive nature of our income tax system, the more progressive the system, the bigger the sledgehammer effect of realising a capital gain. Also, a more progressive system can have a distortion effect on the market. It can incentivise high income investors to realise losses in a falling market, exacerbating the falls. And in a rising market, the investor will not want to realise the gain, which pushes the market even higher.

A flatter tax structure would dampen these effects, and a golden opportunity to reduce these inefficiencies was lost when Labor fiddled with the Coalition stage 3 tax cuts, changing what would have been a flat 30% marginal rate from $45k to $200k, with instead a marginal rate of 37% kicking in at $135k, rising to 45% at $190k.

And of course, with the propensity of governments of the day to not index income tax bracket thresholds, the CGT sledgehammer effect increases over time. So when you take all this on board, it’s hard to argue that in aggregate, there is much of a tax concession with the current 50% CGT discount, if any at all.

David
January 19, 2025

Tony, you have hit the crux of why GGT is so unfair. Bob Hawke's 1985 law included indexation and averaging compensations, all of which have been removed by successive governments. Now, for long term held assets, the original cost base will have inflated away to virtually nothing, so it becomes a capital tax. The issue is this: For ordinary measurements we can rely on the measurements of metres, kilograms, volts, amperes etc as being constant over time. The measure of value cannot be measured in fiduciary dollars, which are designed to reduce rapidly over time. The rate is supposed to be controlled by the Reserve Bank, using inflation measures derived from "lies, damned lies, and statistics", quoting from Winston Churchill. In the good old days, we had gold, of which 19th century Australia was built. Maybe we cannot revert to gold as a working currency, as it would upset too many vested interests, but we could use it as a better measure of value. For example, if a revised fairer tax act were to have all its thresholds expressed in grams of gold (forget troy ounces, we use metric here), then the taxpayer essentially pays annual tax on the amount of gold earned (net income converted to gold grams at current value) plus any increase in gold realised since last year. No exceptions for anything including the family home. The calculations are in gold, but the amount is then converted to Australian dollars at the current price of gold. The gold price is set, as now, by the international markets, independently of government. If the price of gold behaves the way it has done for thousands of years, there will never be any bracket creep or the need to adjust the tax system every again. Inflation is automatically taken care of. This year has been a bit exceptional for gold, making up for poor years. It terms of gold, in 2024 most property has fallen in value. Probably a pipe dream, but think of a better system. Governments would hate it.

Ray
January 17, 2025

"Tax concession" ... Any of your income not already taken as tax. Socialist government and Treasury Handbook 101.

Paul
January 17, 2025

It's time to amend negative gearing. The biggest rort is claiming investment interest as a tax deduction. If and this is a BIG IF is the Government of the day needs to implement this strategy. Now would they not likely as so many politicians from both sides own numerous investment properties. Imagine how many houses would come onto the market at affordable prices for our kids to gain access into a property.

Rob W
January 17, 2025

To suggest that claiming the interest expense on an investment loan (against the income earned from any debt financed asset - not only property) is a rort, just demonstrates a certain naivety imho. As the article clearly states, it is a basic premise of our tax system that ANY EXPENSE required to derive taxable income, whether active or passive, may be claimed against that income. This is only basic fairness, surely, hardly a rort?
Disclaimer: I do not hold any debt against income producing assets.

Graham
January 19, 2025

I'm with you Rob Roy, the naive opposite view is a Socialist dream

John
January 17, 2025

Should we also not allow other deductions for real estate. No deduction for rates, insurance, maintenance etc.

And while we are amending we may as well get rid of self education expenses, travel and why not cost of goods need to produce the assessable income.

Would you think that also a overdue change and prevent rorting?

Dudley
January 17, 2025

"rorting": The minimum tax payable is $0; no rort.

Ramani
January 16, 2025

While the focus on rental property is understandable in the light of the housing shortages and affordability, negative gearing affects all outlays including shares.

Tax is seldom symmetric or consistent, but negative gearing is just the obverse of positive gearing, whereby net positive income is taxed each year at marginal rates.

To complicate the situation, outlays can and do fluctuate between positive and negative outcomes between tax years; taxing the former without cushioning the latter is asymmetrical, arguably inequitable and is likely to drive potential investors out.

Remember we need those with some money and the necessary risk preference to participate for asset markets to function.

Ken Henry Committee’s proposals for simplification hinted at a way out of this death of common sense by a thousand tax provisions even the ATO find convoluted.

Recall the telltale photo of Ken looking decidedly glum while releasing his report still gathering dust on the Parliamentary shelves?
It is not impossible to work out a simple tax set of tax rates that would yield the revenue the government needs for its work and projects without complex rules, but how would the ATO, bureauc-rats (aka fat cats) and fee-guzzling Project Panama and Wickenby consultant mafia flourish?

If only Part IVA can be applied by the taxpayer to the ATO in reverse to tear the revenue veil over sham tax collection schemes, sense will return. With pigs air-borne!

MK
January 16, 2025

If one takes the article to its logical conclusion, the following would make it all “fair”.
1. Capital appreciation is only a gain if it exceeds inflation.
2. Requiring notional income from a capital investment (equal to the net appreciation over inflation) is totally impractical, especially since the cash to pay the tax has to be sources elsewhere.
3. Taxing the capital gain, less the inflationary portion, only in the year of the sale is quite unfair as the rate of tax on a large gain will inevitably push the taxpayer into a much higher tax bracket than would have been the case had that gain been received and taxed in small increments over the holding period. Most profits on a large investment like a rental property will move most taxpayers who were on 32.5% ( up to $120,000) up to paying 47% (from $180,000) if all profit be taxed in one year.

4. That tax rate differential is far more than nominal interest for the ATO on receiving the capital gains tax gradually over the holding period.

5. The theoretical best is to divide the gain by the number of years the property was held and apply the taxpayer’s rate of tax from each of those years, taxing as if the proportion of the gain had been returned. Add all years together to get the appropriate tax, which is then paid from the sale proceeds.
6. Attacking the 50% CGT discount is erroneous as it replaced the calculation of actual capital gains by the index method. Without an allowance for inflation, capital would be over taxed.

Peter Care
January 16, 2025

Prior to 1999, only “real” capital gains were taxed, and then “averaged” (similar to primary production income) over a 5 year period. The real capital gains takes into account the effects of inflation, and averaging takes into account the lumpy and irregular nature of capital gains. The pre 1999 laws were very fair. A return to these laws will help relieve the pressure on residential property prices by not making negative gearing as effective a strategy. In other words, there would be no need to make changes to the negative gearing laws because it would make little financial sense if the capital gains concession was less generous (but still fair).

Victoria
January 16, 2025

The issue I have is this:
Day 1 - transfer $1m cash into $1m home incl stamp duty + costs (state govt takes a cut).
Into the future - sell same home for say $3m to purchase similarly priced home in another area for personal reasons + stamp duty (total $3m) but if CGT was applicable as well, money is lost to the government for no real work on its part (rates etc to cover roads etc are paid for by the home owner and personal taxes), the homeowner has lost value in selling. Hence why so many would not move once they find their forever home. It would work much the same as the current stamp duty fees work - to suppress people moving around.
If they had invested the $1m instead earning bank rate interest, then again, personal tax rates can be up to 47%. It is so hard getting ahead with government constantly taking out large chunks and then wasting it which is a slap across the face.
BTW - I disagree with Ian that passive income is rewarded. 47% tax rate on passive income is not what I call a reward. But I am not having a go at contributors. It is all food for thought and helps us see both sides to work towards a better solution.
All too hard!

Peter Care
January 16, 2025

Victoria, the error with your argument, is if that home is your main residence (as you imply), there is no capital gains tax, thanks to the mains residence exemption. Even land tax is not imposed on a main residence (sometimes called a principal place of residence).
Therefore the only cost of moving are real estate agent fees for selling your home, some stamp duty on the purchase of the new home and other incidentals such as removal costs for your goods and furniture.
The costs are not as high as you make out for moving into a new main residence.

John
January 16, 2025

"The negative gearing discussion is an unfortunate distraction from more genuine tax reform priorities."
I totally agree

Paul
January 16, 2025

While everything you say is true, there is precedent in disallowing business loss deductions against income unless the business can satisfy the non-commercial loss provisions which include "the business needs to have made a profit in 3 of the last 5 years" among other conditions..
It's not too far a stretch to suggest that an investment property is a business and should therefore be subject to the same conditions.

Sean
January 17, 2025

An investment property is a business. If it is a business, what is the product/service? Where is the tax invoices for the business?where is the ABN? Where is the place of business? What is the business name? Where are the business contact details? What daily tasks are involved in running the business? Who are the employees? What does the business contribute to the economy? If the business owns an asset is it a productive asset or a non productive asset? Write down a list of what it has in common with both the small family owned deli on the corner and the large corporate entity? See the problem??

Paul
January 17, 2025

No. Ever heard of a sole trader? I reckon you could answer almost of all of these questions yourself with a modicum of thought. I would also encourage you to consider the ATO who have the ability to modify laws to create new tax obligations/processes..

GeorgeB
January 17, 2025

Philanthropy for most people begins and ends with the ATO. With the exception of the Bill Gateses of this world most other people look for the best return on their investment with the least risk. Investing in property involves risk precisely because it generates negative cash flow that needs to be supplemented with capital gain to make it viable. You need to bear in mind that investing in property is not compulsory so it needs to provide sufficient incentive to investors to take on the risk compared to other investment options, eg. investing in the share market can provide similar returns with much lower transactional and maintenance costs.

GeorgeB
January 17, 2025

It is arguable that that if an investment property is a business then it should be let at a profit from day one. So a median priced house (approx $1m in 2024) would need to yield at least 6% (the cost of finance) plus maintenance to avoid a negative return. The reality is that most houses rent for substantially less meaning that an investment property is part business and part social service because it allows tenants to access property they would not afford to purchase or finance. The business part relies on a capital gain to offset the negative return over time and involves a degree of risk for the investor because it is not guaranteed where the cost of financing and maintaining the property is always guaranteed.

Paul
January 17, 2025

Since when does taking a risk investing entitle a person to make a profit from day 1? I'm pretty sure the ASX doesn't function this way and nor should the property asset class. There is meant to be risk involved. Property is not meant to be a license to print money when we are talking about the human right of a persons' shelter.
It would actually be good for the Aus economy to shift investment from property to more beneficial areas like business investment. The total value of the ASX is less than 30% of the value of residential housing in Aus which is absolutely ludicrous and without comparison on the planet.

Goronwy
January 16, 2025

The biggest distortions are the no CGT on the family home and not including it in the pension assets test. Fix those and you fix the house price spiral. The CGT concession on the family home should be a bit more generous than on investment properties but you should not be able to claim improvements and maintenance as that would open a big can of snakes. It is probably fair to reduce the CGT discount on all assets to 40% and have the family home at 50%.

Peter
January 16, 2025

I built my home in a quiet beach suburb for $82k 35 years ago. Due to increasing population and popularity of the suburb my shack is now worth over $1M. I get nothing from the capital gain and will leave the house when I die. For circumstances out of my control your proposal will reduce my pension because of an unrealised capital gain.
Don't suggest I downsize either - I'm not moving to an unfamiliar place away from my connections.

OldbutSane
January 16, 2025

Well maybe you can still get a pension, but what you receive as a pension should be repaid from your estate (ie treated as a loan and indexed).

GeorgeB
January 16, 2025

Huge turnover costs such as stamp duty are already proving to be a disincentive for empty nesters to downsize and free up oversized properties thus reducing the available stock of family homes. Adding CGT to the mix is likely to make the situation worse and will do nothing for supply which needs to be addressed to meet the extra demand from increased immigration..

dauf
January 16, 2025

Exempting PPR (house) from pension asset assessment is a huge ‘problem’. I understand people may not ‘want’ to move but having a very valuable house and getting pension is wrong…try a reverse mortgage or deduction of pension amount for the estate on death. Pick a number and give an exemption for say first $1.0 m (?) and assess the rest

Lynn
January 19, 2025

Then we have the circuitous argument. Why scrimp and save to buy property in the first place. Why not spend and live the high life because that way you can retire without any assets and still get the Pension. No Government is going to penalise Nan and Pop for saving to buy a house which has appreciated in value due to market forces (or people using negative gearing to buy property and inflating the prices)

What really needs to be looked at are the very high thresholds for Part Pensions. A homeowner couple can (in addition) have up to $1,045,000 in assets or $99,382 income per year and get a part pension. In reality, they can afford to pay for their own retirement.

Ian Nettle
January 16, 2025

For the sake of young Australians this needs to be reformed. As a start maybe just eliminate the "negative" out of the gearing formula. Combine with a gradual reduction of the CGT discount.

Our current tax system rewards passive income and smashes hard work. This is unfair and is not good for Australia.

Yes, some of these changes would be very unpopular amongst investors and generally older Australians but sometimes self interest has to move into second place.

Rob W
January 16, 2025

"Our current tax system rewards passive income and smashes hard work."
Your statement misses the point that Govt incentivises passive investment (eg. in houses) because it needs private investors to fulfil this basic need in the Aust economy. There is no way the Govt can step in and provide public rental housing to replace private rental housing, is there?
IMHO, too many people comment on these things from one side only and ignore the overall context for why something is the way it is.

John
January 16, 2025

Exactly. But not to worry, as no rational government with a modest parliamentary majority or in minority government will make much change to the current capital gains tax policy. Too many votes to lose, not enough to gain. Any attempt to change would invite the Marxist Greens to demand some horse trading. That never ends well.

 

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