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Widow tax scrapped in exchange for NDIS reform support

A widow tax that risked negative gearing entitlements on investment properties has been scrapped. AAP Image/Susie Dodds

By Jacob Shteyman in Canberra

A so-called widow tax hidden in the federal government’s budget tax reforms will be removed after Labor reached a deal with the coalition.

In exchange for closing the loophole, which would have caused divorcees and widows to lose negative gearing entitlements on investment properties, the opposition will support Labor’s bill to slash spending on the runaway NDIS.

Treasurer Jim Chalmers announced Labor’s plans to close the loophole weeks earlier, but the government was not planning to introduce it to parliament until later in the year, with consultation on the draft bill not due to end until Friday.

With the NDIS laws marooned in the Senate, the government’s promised budget savings were eroding each day the package was not passed.

Opposition Leader Angus Taylor offered Labor an ultimatum: fast-track the bill amending the widow tax, as well as other fixes to discretionary trust tax and the capital gains tax, and the coalition would support both pieces of legislation through the Senate before parliament retired for the month.

Dr Chalmers said nobody had raised any issues with the draft widow tax legislation in consultation so far, essentially giving it the green light.

“If the opposition’s main ask is that we pass the government’s legislation quicker, then obviously I’m up for that discussion,” he told reporters on Tuesday.

Dr Chalmers initially claimed there was no rush to pass the tranche two reforms because the changes only applied from July 2027.

But pressure ramped up on Labor to move faster on the widow tax fix after independent senator David Pocock revealed he had been contacted by a domestic violence victim who claimed she had been denied financing on a property because of the loophole.

The tax reforms grandfathered negative gearing and capital gains tax concessions for investors who held property before budget night, including for landlords who jointly owned a property with a spouse.

However, if their marriage broke down or their spouse died, they would lose their negative gearing entitlements when the title transferred to their name, under the initial legislation implementing the reforms.

In a joint coalition party room meeting, Mr Taylor said fast-tracking the widow tax fix was a “big win” and vowed to keep fighting to eliminate the rest of Labor’s tax changes.

The Senate is expected to pass the NDIS bill, which is expected to save $37.8 billion by the end of the decade, late on Tuesday.

It will then be sent back to the House of Representatives for final assent on Wednesday.

Meanwhile, the tax changes will be introduced to the House on Tuesday afternoon and could pass the Senate as soon as Wednesday.

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2 Responses to Widow tax scrapped in exchange for NDIS reform support

David says: 18 August 2026 at 5:47 pm

So lets have a look and what the Widow’s tax actually means. Someone who divorces or is widowed loses negative gearing rights on properties they or their ex partner currently negatively gear. So a person who has just lost their partner and was in a situation to already be negative gearing a spare property, assumably with their partners name on it, is now going to struggle because when everything ends in their name they cannot still negatively gear the spare house/s? That’s pretty tragic especially as they must have an income to take advantage of the negative gearing. As for the divorcee, if a couple say have two houses and divorce, giving one house each, there’s no negative gearing because they’re living in the separate houses. So for a case of evil Widow’s tax case we’re looking at couples who have at least two spare houses in their portfolio and the settlement gives them not only a house each plus some extra houses they want to negative gear in their own names with the nice incomes they have. Again, pretty tragic circumstances.

Glad we’ve got our priorities right.

Heaven forbid something that might inspire houses to be returned to the market so owner occupiers can buy them and lead to such terrible things as more housing/financial security for lower incomes earners which may just help drive down the instances on things such as DV.

Did someone say banks are suggesting property investors should push rents up 30% because it’s more important that they keep making money from property, at the expense of the domestic situation of renters, rather than take their money elsewhere? Maybe I misunderstood that…….

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