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Tax Strategy18 May 20269 min read

The grandfathering deadline: a pre-1 July 2027 portfolio checklist

Every established-stock position settled before 1 July 2027 keeps full pre-Budget tax treatment for life. Here's the audit we're running on every client portfolio.

Grandfathering is the most valuable, least understood provision in the 2026 Budget package. Any residential investment held — or contracted — before 7:30pm AEST 12 May 2026 retains negative gearing and the 50% CGT discount for the life of the asset. Any new purchase settled before 1 July 2027 retains pre-Budget treatment under transitional rules.

That two-tier deadline structure creates a narrow, high-leverage window. Used well, it locks in decades of tax optionality. Used poorly, it traps capital in assets that will underperform the post-2027 framework.

The four-question audit

One: Is each existing position still the highest and best use of the capital it ties up, even with grandfathering preserved? Two: Are there contracts in flight that should be accelerated to clear the 1 July 2027 settlement deadline? Three: Where established stock is being retired, is the recycled capital being directed into Budget-compliant new builds rather than left idle? Four: Has the ownership structure (individual, trust, SMSF) been re-tested against the new CGT regime?

Most portfolios we review fail at least two of those four. The most common failure is question one — investors assume grandfathering is a reason to hold, when it is only a reason to evaluate.

Dax Stanley

Founder & Principal Strategist, Hera Property. #1 international bestselling author of Real Estate Investing Using ChatGPT.