ATO's new holiday housing rules could cost investors thousands

Here's what homeowners and brokers need to know

ATO's new holiday housing rules could cost investors thousands

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By Kellie Ell

The Australian Taxation Office (ATO) is tightening the screws on holiday-home investors, warning that homeowners who treat their rental like a personal getaway could end up losing thousands in tax breaks. 

Under the updated rules, homeowners who rent out a second home and want to claim tax deductions — such as mortgage interest, council rates or insurance — must be able to show the home is genuinely operated as an income-producing rental. However, if the homeowner uses the property during popular vacation periods, such as Christmas, Easter or school holidays, the ATO may see it as a personal holiday home rather than as a real rental business. 

In the ATO's finalized guidelines, the regulator said: "This includes interest expenses, council and water rates, body corporate fees, capital works and decline in value. Only expenses such as advertising costs, cleaning costs after a guest stay and booking fees and commissions will be deductible."

"It's a lot of money involved," Belinda Raso, director and registered tax agent at Queensland-based Tax Invest Accounting, told Australian Broker. "It's their occupancy costs. That would be the interest on their mortgage; it would be rates. It would be insurance. 

"The biggest issue is that the ATO has always looked closely at rental properties, and they feel that there were a lot of properties that weren't available for rent at all times and people were claiming deductions throughout the year," she continued. "So in order to get those tax deductions, they must have the property rented out during the peak season."

Raso pointed out that a property's "peak season" will be different depending on the location. 

"If it's a coastal area, it would be the peak season for summer; if it's somewhere in the snowy mountains, the peak season would be winter," she explained. "Property owners also have to take into consideration any local events, as well, and school holidays."

The changes go into effect 1 July 2026. Raso said the ATO has released detailed guidance for property owners to assess whether they still qualify for deductions.

"They've actually run through every aspect of renting out your property. And it goes line by line," she explained. "Basically, the ATO is saying, as far as rental properties go, we want you to review this and tell us where you sit in this situation. This is a very, very tough stance that the ATO has taken.

"They're looking at a whole range of options," Raso continued. "They're looking at whether you're renting out your home to family and friends, like in boarding or taking care of your family or friends situation, whether you're boarding out your home, whether you're renting it out continuously, whether it's a short-term accommodation, or whether it's a holiday home determination."

There are roughly 250,000 properties — or 2% of the nation's housing supply — used for short-stay or holiday accommodation in Australia, according to KPMG. 

Raso said the changes are unlikely to trigger a wave of forced sellers. "But there could be a lot of people who are legitimately doing the wrong thing. And now the ATO is saying, 'hey, you're going to have to stop.' Because let's be honest, there are a lot of people who are skating on thin ice when it comes to what they claim as a property, as a rental property. A lot of people have the wrong, incorrect thinking that as long as they make it available for rent, everything is an allowable deduction all year. That's absolutely not the case.

"So whatever a person thought before as a landlord, the assumption, they need to wipe that from their brain and need to sit there and say, 'okay, let's have a look at this and let's just make this determination.'" 

The changes come amid a volatile housing market shaped by high interest rates, the nation's persistent housing shortages, and soaring property prices that have pushed home ownership out of reach for many Australians. They also coincide with the 2026 to 2027 federal budget, which proposes major reforms to property investment rules, including changes to capital gains tax (CGT) and negative gearing, aimed at steering investment toward new housing supply and improving affordability for first-time homebuyers. 

The ATO proposal was first floated in draft form last November and has been developing in the background ever since. 

"And now, all of a sudden, whilst the federal budget has been announced, the ATO has come out and said, 'okay, here is the new guidance to actually claim rental properties," Raso said. "I think it will blindside a lot of people; they won't realise all of these changes."  

She argued that both the federal budget changes and ATO changes are a sign of investor regulations tightening. 

"They're pretty much hedging both bets," Raso said. "When we talk about the changes to negative gearing, this pretty much supersedes it. It's kind of like the ATO has come in and blindsided everybody and said, 'okay, well these are your official changes to negative gearing. We're tightening the rules, full stop.'"

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