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Pledge to fix ‘widow’s tax’ on investment properties

Treasurer Jim Chalmers has vowed to fix a loophole in the government’s tax hike on investments. (Susie Dodds/AAP PHOTOS)

By Zac de Silva in Canberra

Treasurer Jim Chalmers has promised to fix laws imposing a so-called “widow’s tax” on investment properties, without providing details on how he will close the loophole.

The issue, which relates to investors with jointly owned properties potentially losing out on concessions if one owner dies or a couple divorces, would be addressed in future legislation before the changes take effect, Dr Chalmers said.

Asked multiple times on Sunday how the government would deal with the loophole, highlighted before the passage of Labor’s controversial tax changes on Thursday, the treasurer said he intended to address that issue.

“We will fix it, and we’ll make clear the way that we will fix it in the legislation that follows,” he told the ABC’s Insiders program.

Existing investments are exempt from the federal government’s changes to negative gearing and capital gains tax discounts, but there are concerns about how the rules will apply if property ownership changes.

If a couple divorced or one partner died, the grandfathering arrangement could be removed, leading to less favourable tax treatment.

Dr Chalmers’ comments amounted to a “clean-up job”, shadow treasurer Tim Wilson said in a statement.

“At Thursday breakfast, ministers were defending the widow’s tax, but by lunchtime the government backtracked, and by Sunday morning coffee they’re hedging to betray Australians again,” he said.

Preliminary auction clearance rates were below 50 per cent for a second straight week, according to data from property research firm Cotality.

The weak result points to falling national housing prices as the dominant Sydney and Melbourne markets shift further into reverse.

Labor concedes its investment changes are impacting the property market but says recent interest rate rises and broader economic factors play more significant roles.

NSW Premier Chris Minns said all governments should have an eye to growing Australia’s economic prosperity with tax changes, rather than simply trying to raise more revenue.

Asked whether he thought the capital gains tax overhaul, which impacts all forms of investment, would prevent businesses from attracting capital, Mr Minns offered a blunt response.

“I hope not,” the Labor leader told Sky News.

“There are a lot of entrepreneurs, particularly in western Sydney, who would love to start their own business.

“We just need to make sure we’ve got the conditions to do that.”

But Dr Chalmers defended the wholesale tax changes, saying any such policy shift was always hotly contested.

“There are all kinds of predictions that the sky will fall in and all other kinds of predictions which turn out to be wrong,” he said.

“We expect that to be the case again.”

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2 Responses to Pledge to fix ‘widow’s tax’ on investment properties

Harry says: 28 June 2026 at 3:31 pm

An idea to supposedly address intergenerational financial inequity, has resulted in so many exemptions, carve outs, and changes it looks like the original bill was crafted by a financial illiterate.

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David says: 29 June 2026 at 8:39 am

Oh the wonderful world of ‘There are three kinds of taxes: taxes, damned taxes, and statistics’. Did you see the wonderful stats of Dr Hugh Miller showing the tax versus average curve. What they forgot to include was the other half of the equation. You need to include the curve of what you take as well as what you give. Combine his “statistics” with a curve of the average tax payer spend on people per age group and you will get a much flatter line across the age group. The less you tax people when they can no longer work you less they will need to rely on the tax payer to keeping them alive. It’s one big bucket.

The other thing completely being missed is the problem of income splitting where the unfairness of the tax system is at it’s worst. That shifts who pays tax across the age boundaries making the chart even less valid. A better chart showing the distortion in the tax system would be to show the proportion of tax paid comparing wager earners against everyone else.

As for this obsession who the older generations and their homes. This looks like jealousy. We nee fix the problem of people using the basic need of residential housing as an investment so there are far fewer people sitting on investment properties, especially retirees as they can invest their money elsewhere. We not taking their money away, just getting them to invest it in something socially acceptable. Then if their house is the only property they own who cares what it is worth. It just need to keep them off the welfare system for housing. When they pass away that house is divested back into the system and if their children already have houses and the tax system is set correctly the house will be sold and returned to the housing stock. It is only a problem if we keep a system where individuals/business/trusts can stock pile residential properties. Stop that happening and let the elderly have the right to live in whatever house they worked towards without penalizing them for it.

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