Tax Reform No. 3 Bill: Senate Committee Report | Koste

Tax Reform No. 3 Bill: What the Senate Committee Report Means for Property Investors

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Senate committee report · Investor guide

Tax Reform No. 3 Bill: What the Senate Committee Report Means for Property Investors

A Senate committee has reported on the next batch of negative gearing and capital gains tax (CGT) legislation, the Treasury Laws Amendment (Tax Reform No. 3) Bill 2026. The committee recommended that the bills be passed. The Senate has not voted yet, so the bill is not law. Nothing in the committee’s report changes the rules that are already in force.
Law and bill status as at: 13 November 2026·Last reviewed: 13 November 2026
General information only. This article is not tax advice.

Where things stand

  • Already lawTax Reform No. 1 Act 2026The limit on negative gearing for residential property and the replacement of the 50% CGT discount, both starting 1 July 2027. Royal Assent 26 June 2026.
  • Already lawTax Reform No. 2 Act 2026Spouse, co-owner and relationship breakdown rules. Royal Assent 26 August 2026.
  • Still a billTax Reform No. 3 BillIt passed the House of Representatives on 29 October 2026 and has not passed the Senate.
  • Senate has not votedSenate committeeThe Senate Economics Legislation Committee held hearings on 5 and 6 November 2026 and reported on 13 November 2026. Its recommendation is that the bills be passed.
The short version

Tax Reform No. 3 Bill in Plain English: The Short Version

Still a bill

The committee recommended that the bills be passed

The Senate has not voted yet, so the bill is not law.
Law unchanged

The committee report does not change the law

Nothing in the committee’s report changes the rules that are already in force. The start dates in the law that passed in June 2026 do not change whether or not the bill passes.
Still a bill

The “new residential dwelling” definition

The definition of a “new residential dwelling” decides which properties count as new for the negative gearing exemption. Industry groups asked for changes. The committee did not recommend any change to the definition. Coalition senators said they do not support it as proposed. We don’t know whether it will change.
Senate has not voted

What happens next

The Senate is scheduled to sit on 16 to 19 November and 23 to 26 November 2026. We don’t know when it will debate or vote on this bill.
Timeline

Tax Reform No. 3 Bill Timeline: From the Budget to the Senate Committee Report

Status as at 13 November 2026. It will change when the Senate votes.
Already law in the law that passed in June 2026Still a bill Tax Reform No. 3, not lawSenate has not voted not yet happened
  1. 12 May 20267:30pm (ACT time)
    Already law

    Federal Budget cut-off

    The cut-off for keeping negative gearing on an existing investment property is 7:30pm (ACT time) on 12 May 2026.
  2. 26 June 2026
    Already law

    Tax Reform No. 1 Act receives Royal Assent

    The limit on negative gearing for residential property and the replacement of the 50% CGT discount, both starting 1 July 2027.
  3. 14 October 2026
    Still a bill

    Tax Reform No. 3 Bill introduced

    The Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 was introduced in the House of Representatives, together with a companion bill on a minimum tax for discretionary trusts.
  4. 15 October 2026
    Still a bill

    Referred to a Senate committee

    The Senate referred the Tax Reform No. 3 Bill, and a companion bill on a minimum tax for discretionary trusts, to the Senate Economics Legislation Committee on 15 October 2026.
  5. 29 October 2026
    Still a bill

    Passed the House of Representatives

    It passed the House of Representatives on 29 October 2026 and has not passed the Senate.
  6. 5 and 6 November 2026
    Still a bill

    Committee hearings

    The committee received hundreds of written submissions and other documents and held public hearings on 5 and 6 November 2026.
  7. 13 November 2026
    Still a bill

    Committee report: pass the bills

    The committee reported on 13 November 2026. Its recommendation is that the bills be passed. Coalition senators do not support passage of the bill as drafted.
  8. Nextdate not known
    Senate has not voted

    The Senate has not voted

    The Senate is scheduled to sit on 16 to 19 November and 23 to 26 November 2026. We don’t know when it will debate or vote on this bill.
The basics

What Is a Senate Committee Report?

What a committee does

When the Senate refers a bill to a committee, a small group of senators from different parties collects submissions, holds hearings and writes a report. The report tells the Senate what the committee thinks.

What it does not do

It does not change the law and it does not bind the Senate. The Senate still debates and votes on the bill, and the House of Representatives has to agree to any changes the Senate makes.

What was referred

The Senate referred the Tax Reform No. 3 Bill, and a companion bill on a minimum tax for discretionary trusts, to the Senate Economics Legislation Committee on 15 October 2026. The committee received hundreds of written submissions and other documents and held public hearings on 5 and 6 November 2026.
The evidence

What the Senate Committee Heard on Negative Gearing and CGT

Negative gearing (Schedule 5)

Schedule 5 of the bill would write the meaning of “new residential dwelling” into the tax law. At the moment the law leaves that to a ministerial instrument, and we could not find one on the Federal Register of Legislation as at 13 November 2026.
  • Several submitters supported putting the definition in the law itself, including Chartered Accountants ANZ and the Real Estate Institute of Australia.
  • The Housing Industry Association (HIA) said the proposed definition is “both too narrow and too subjective”. It asked for knock-down rebuilds, secondary dwellings, dual-key housing and substantial renovations that add housing capacity to be recognised.
  • The Real Estate Institute of Australia, the Property Council and the HIA suggested running the 24-month window from first occupation rather than from the certificate of occupancy. Some suggested 36 months.
  • The Real Estate Institute of Australia and the Property Council asked for an independent statutory review of the housing tax reforms after two years.
The committee did not recommend any change to the definition.

CGT (Schedule 4)

Schedule 4 deals with technical points in how the new CGT rules work, including for trusts and managed investment vehicles. The report says submitters welcomed these amendments as responsive to earlier consultation. Some points raised:
  • Chartered Accountants ANZ and the Urban Development Institute of Australia asked the Government to release the remaining CGT rules, and the rules on how they interact with the minimum tax, well before the 1 July 2027 start date. The UDIA also asked for ATO guidance with worked examples.
  • The bill would change how indexation works for individuals who are Australian residents for only part of the time they hold an asset and who make the gain directly. Indexation would be pro-rated by the number of days they were Australian residents. Someone who was a foreign or temporary resident for the whole period would still get no indexation. This is part of the bill, not law.
Law versus bill

What Is Law and What Is Still a Bill

Status at 13 November 2026.
What is law and what is still a bill, status at 13 November 2026
ItemStatus at 13 November 2026
Negative gearing limit for residential dwellings acquired after 7:30pm (ACT time) on 12 May 2026 that are not new residential dwellings and not otherwise exempt, from the 2027-28 income yearLaw Tax Reform No. 1 Act 2026, Royal Assent 26 June 2026
Cost base indexation and a 30% minimum tax replace the 50% CGT discount for gains that accrue from 1 July 2027, for Australian resident individuals and trusts. Gains that accrued before 1 July 2027 can keep the discount under transitional rules. New residential dwellings and affordable housing can keep the discount.Law Tax Reform No. 1 Act 2026, Act No. 49, Royal Assent 26 June 2026
Spouse, co-owner and relationship breakdown rulesLaw Tax Reform No. 2 Act 2026, Royal Assent 26 August 2026
Definition of “new residential dwelling” in the tax law, and exemptions for affordable housing, public housing, specialist disability accommodation, active build to rent, and retirement villages and residential care homes (for people who carry on the business, not passive investors)Bill only Passed the House on 29 October 2026. Not passed the Senate
Second round of CGT adjustments (trusts, loss ordering, foreign and temporary residents)Bill only
30% minimum tax on discretionary trusts from 1 July 2028Bill only with a companion rates bill
Ministerial determination of the CGT apportionment method for assets held on 1 July 2027Not made A draft was released on 4 August 2026. We could not find a final instrument on the Federal Register of Legislation on 13 November 2026
For property investors

What the Tax Reform No. 3 Bill Means for Property Investors

This is general information, not advice for your situation. In plain terms:
Law unchanged

No change to the law yet

The committee report does not change the law. The start dates in the law that passed in June 2026 do not change whether or not the bill passes.
Already law

The 12 May 2026 cut-off

The cut-off for keeping negative gearing on an existing investment property is 7:30pm (ACT time) on 12 May 2026. If you signed a contract before then, that is treated as holding the property.
Still a bill

New residential dwelling

The definition of a “new residential dwelling” decides which properties count as new for the negative gearing exemption. Industry groups asked for changes, and Coalition senators said they do not support it as proposed. The committee did not recommend any change. We don’t know whether it will change.
What happens next

What Happens Next for the Tax Reform No. 3 Bill

  1. 1
    The Senate will decide whether to pass the bill, change it or reject it.
  2. 2
    If the Senate changes the bill, the House of Representatives has to consider those changes.
  3. 3
    A bill becomes law only after both Houses agree and it receives Royal Assent.

Where it stands today

Press reports suggest amendments are being discussed. When we checked on 13 November 2026, the Parliament’s bill page showed no Senate stages and no schedule of amendments agreed to. We will update this article when the Senate votes.
What to do now

What Property Investors Can Do Now

This is general information, not advice for your situation.
  • Check your contract date against 7:30pm (ACT time) on 12 May 2026

    If you signed a contract before then, that is treated as holding the property.
  • Thinking about a new build?

    If you are thinking about buying a new build, ask your accountant to check the position when you sign and again before settlement.
  • Keep good records

    Good records help whatever the Senate decides: contract and settlement dates, renovation invoices, depreciation schedules and, for new builds, the builder’s documents and certificate of occupancy date.
  • Watch the Senate

    We will update this article when the Senate votes.
  • Talk to a registered tax agent or financial adviser

    Talk to a registered tax agent or financial adviser before you buy, sell or restructure.

CGT Cost Base Report

If renovation records are missing, Koste’s CGT Cost Base Report provides independent quantity surveying evidence of historical improvement costs for your accountant to consider. We provide evidence only. We do not calculate your tax and we do not provide valuations.

Tax depreciation reports

For residential and commercial property.
Prefer to talk it through? Call us on 1300 669 400.
Questions

Frequently Asked Questions About the Tax Reform No. 3 Bill

Has the Senate committee changed the negative gearing rules?
No. A committee report is a recommendation to the Senate. It does not change the law.
Is the Tax Reform No. 3 Bill law?
No. It passed the House of Representatives on 29 October 2026. The Senate has not voted on it.
Is the definition of a “new residential dwelling” settled?
No. The law that passed in June leaves it to a ministerial instrument, and we could not find one. The bill would write the definition into the tax law. The committee did not recommend changing it, and Coalition senators said they do not support it as proposed.
Do the CGT changes still start on 1 July 2027?
Yes, under the law already passed. The bill before the Senate adjusts how the rules work in some situations.
What did the Senate committee recommend?
The committee’s report contains one recommendation: that the bills be passed. The report does not make a separate recommendation about the negative gearing measures (Schedule 5) or the CGT adjustments (Schedule 4). For those schedules it records what submitters said. Because the recommendation is that the bills be passed, it covers the whole bill, including Schedules 4 and 5, and the committee did not recommend any amendments.
What did Coalition senators say about the Tax Reform No. 3 Bill?
Coalition senators added their own comments. They recommended that the Senate not support passage of the bill without removing the trust schedules (Schedules 1 to 3), and that the Government withdraw the legislation and present Schedules 4 to 6 as a separate bill. They said that should include a review of the definition of “new residential dwelling”. They also recommended a further Senate inquiry reporting no earlier than 30 March 2027.
When will the Senate vote on the Tax Reform No. 3 Bill?
The Senate is scheduled to sit on 16 to 19 November and 23 to 26 November 2026. We don’t know when it will debate or vote on this bill. The Senate will decide whether to pass the bill, change it or reject it.
What is a Senate committee report?
When the Senate refers a bill to a committee, a small group of senators from different parties collects submissions, holds hearings and writes a report. The report tells the Senate what the committee thinks. It does not change the law and it does not bind the Senate.
What should property investors do now?
Good records help whatever the Senate decides: contract and settlement dates, renovation invoices, depreciation schedules and, for new builds, the builder’s documents and certificate of occupancy date. Talk to a registered tax agent or financial adviser before you buy, sell or restructure. This is general information, not advice for your situation.

Important Information and Sources

Important. This article is general information about Australian tax law and bills as we understood them on 13 November 2026. It is not financial, tax or legal advice and does not take your objectives, financial situation or needs into account. Tax laws are complex and change. Get advice from a registered tax agent, accountant or financial adviser about your circumstances before making decisions. Koste’s tax depreciation schedules and CGT Cost Base Reports are quantity surveying evidence. We do not calculate your tax and we do not guarantee any tax outcome or saving.
Law and bill status as at: 13 November 2026 · Last reviewed: 13 November 2026
Koste Pty Ltd t/a Koste Chartered Quantity Surveyors · ABN 27 168 494 942 · 1300 669 400

Sources

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