In whose name does your next investment property go?

The 2026 tax changes mean choosing whose name goes on an investment property now requires investors to consider their entire portfolio, the type of property and its real cash-flow cost.

Couple making property investment, signing legal documents with real estate agent.
Choosing an ownership structure is becoming a more complex decision as negative gearing rules change. (Image source: Drazen Zigic/Shutterstock.com)

“Whose name do we put the next one in?”

I get asked that more than almost anything else, and for years the answer started in the same place: income. If one spouse earned a lot more than the other and the property was going to be negatively geared, you leaned towards the higher earner. Simple enough.

It was never the whole picture. Ownership also decides who pays tax on the rent, who wears the capital gains bill down the track, how land tax stacks up, and how the property sits alongside everything else already owned. But income was usually where the conversation began.

After the 2026 Federal Budget, that starting point no longer holds.

The question is bigger now. Is the property new or established? How do the new negative gearing and capital gains rules apply to it? What will it actually cost you to hold each year? And the one most people skip: is another direct property really the best place for your next chunk of capital?

I sit down with landlords and property investors most days of the week, so none of this is an argument against property. The rules have changed, goalposts moved. The old shortcuts just haven’t caught up.

Negative gearing no longer points to the obvious owner

From 1 July 2027, affected established residential property bought after 7:30pm AEST on 12 May 2026 will not let you offset rental losses against unrelated income such as salary and wages.

Those losses do not disappear. They can be applied against residential property income, including relevant residential property capital gains, and anything unused is carried forward. Property held before the Budget announcement is grandfathered (therefore unaffected), and qualifying new builds keep access to the broader arrangements.

Here is what that does in practice. Take a couple where one earns $250,000 and the other earns $70,000. Under the old thinking, the $250,000 earner was the obvious name to put on a negatively geared purchase.

Now add one detail. The lower earner already owns another property throwing off $20,000 a year in positive rental income.

Suddenly the existing portfolio matters more than the payslips. It is no longer a question of who earns the most. It is who already receives residential property income, and how the next property interacts with it.

If you hold several properties, some will keep running under grandfathered rules while anything you buy from here is treated differently. You cannot look at a purchase on its own anymore. You have to look at the whole portfolio.

New builds get tax break but are they a good buy?

The Government wants investor money going into new supply, so the stronger incentives stay pointed at qualifying new housing. That can make a new property look better on a tax return. It does not make it good value.

You still have to work through the premium you are paying for “new”, the rental return, the strata or body corporate costs, the location and the layout, and who is realistically going to want the place in ten years.

A tax benefit can improve the numbers on a good investment. It cannot turn a poor one into a good one.

And remember, the property is only new once; for you.

When you sell, your buyer is comparing it against every established property in the suburb. That is why liveability and future owner-occupier demand matter so much, particularly in developments marketed almost entirely to investors.

A well-designed two or three-bedroom place can appeal to couples, families, share households, or an owner-occupier who wants to rent the spare room out to help with the mortgage. Something built mainly to sell to that first investor tends to have a much narrower market when it is your turn to sell.

Be careful with the argument that rising construction costs must mean rising values. There is still an affordability ceiling. Whoever buys it next has to earn enough, and borrow enough, to pay the price.

What it truly costs to hold

With the negative gearing changes, the annual cost of carrying an established property deserves a much closer look.

Interest is only part of it. There is council and water rates, insurance, property management, maintenance, land tax, strata or body corporate fees, the weeks it sits empty, and the capital spending that eventually comes around; a roof, a kitchen, a hot water system.

Under the traditional model, a high-income investor could sit reasonably comfortably with a decent annual loss, because part of that loss came straight back as a reduction in tax on their salary. For an affected established property, that timing changes.

If the place costs you $20,000 a year to hold, you are funding that $20,000 today, even though the tax loss may be useful against residential property income later on. That does not make it a poor investment. Strong capital growth can more than justify the holding cost. It just means you need to know the real cash-flow number before you sign, not after.

You may have more options than you had last time

Here is something else I see with longer-term investors.

If you have spent 10 or 15 years building a portfolio, your equity and net asset position look nothing like they did when you bought the first one. That often opens doors that were closed back then, particularly where you now qualify as a wholesale or sophisticated investor.

The properties you already own may have done exactly what you asked of them. That does not mean the next investment has to look like the last one.

Depending on where you are at, the next dollar might go towards another direct property, paying down or offsetting non-deductible debt, shares or managed investments, superannuation, commercial or indirect property exposure, or investments only available to eligible investors.

Tax planning can still show you how each option would work with the income and assets you already have. Another property might well be the right answer. It just has to earn that spot rather than get it by default.

So, whose name does it go in?

Once you are satisfied that another property makes sense, then we can talk about ownership. These days that means looking at whether the property is new or established, what residential property income already exists, how your other properties are owned and taxed, whether this one is likely to run at a profit or a loss, the capital gains position later on, land tax, when you plan to stop working, and how the purchase is being funded.

Individual ownership might be right. Joint ownership might be right. In some situations a trust or company structure is worth a look. What has changed is not the list of options. It is how you get to the answer.

Picking the highest income earner and putting the negatively geared property in their name is not a strategy any more.

Residential property is still a wealth-builder

Residential property will keep building wealth for a lot of Australians, and I will keep helping landlords and investors make good decisions about it.

The 2026 changes do not make established property a bad investment, and they certainly do not make new property a good one. They simply mean the next purchase deserves a proper conversation.

Look hard at the quality and the price. Understand what it truly costs to hold. Think about whether you might want to live in it one day. Then work out how it fits with what you already own, compare it honestly against the other options in front of you, and only then decide whether to buy and whose name goes on the title.

Article Q&A

Should investors still put a negatively geared property in the higher-income spouse’s name?

Not automatically. For affected established properties bought after 7:30pm AEST on 12 May 2026, from 1 July 2027 rental losses cannot generally be offset against unrelated income such as salary and wages. Existing residential property income and the way the new purchase fits into the investor’s wider portfolio therefore become more important.

Do the new negative gearing rules apply to all investment properties?

No. Properties held before the 2026 Federal Budget announcement are grandfathered, while qualifying new builds retain access to the broader negative gearing arrangements. Investors need to establish whether a property is new or established and which rules apply before assessing the tax outcome.

Is buying a new property better than an established property under the new tax rules?

Not necessarily. Qualifying new housing retains more favourable negative gearing treatment, but the tax benefit does not automatically make a property good value. Investors still need to consider the purchase price, rental return, ongoing costs, location, property design and likely future demand from owner-occupiers and tenants.

What should investors consider when deciding whose name goes on an investment property?

They should look beyond salary and consider existing residential property income, how their current properties are owned and taxed, expected rental profit or loss, land tax, capital gains tax, future plans and funding arrangements. Depending on the circumstances, individual or joint ownership, a trust or company may be worth considering with appropriate tax and legal advice.

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