2026 Tax Mastery: Construction, CGT, and the New Payday Super Rules
Following the latest Mentoring sessions, tax financial advisor Anthony Wolfenden addresses the most pressing questions for the 2026 financial year. This episode provides a deep dive into the ATO’s strict "vacant land" rules, the nuances of the six-year primary residence exemption, and the major compliance shift coming with Payday Super in July 2026. Whether you are currently building, refinancing, or managing a mature portfolio, these technical guardrails are essential for protecting your deductions and minimizing future capital gains tax.What We Covered1. Holding Costs and Construction• The Vacant Land Rule: Since 2019, you generally cannot claim interest, rates, or land tax on vacant land. Deductions only trigger once a permanent structure is lawfully occupied and available for rent.• Cost Base Strategy: While these costs aren't deductible now, they are added to your "cost base," which reduces your capital gains tax when you eventually sell.2. Education and Mentoring Deductibility• The Income Test: Education is only deductible if it relates to an income-earning activity you currently hold.• Apportionment: Mentoring fees are often split—partially deductible for rental optimization and partially non-deductible for general wealth creation coaching.3. The Record-Keeping "Lifetime" Rule• Beyond 5 Years: While standard receipts require 5 years of storage, any document impacting the "cost base" (LMI, building contracts, settlement statements) should be kept for the entire duration of ownership plus five years after the sale.• Digitization: Keeping a permanent digital vault for capital items is the only way to ensure you don't overpay on CGT decades down the line.4. Capital Gains Tax and the 6-Year Rule• The Acquisition Date: For tax purposes, the contract date—not the settlement date—is the key CGT event.• The 6-Year Safety Net: You can rent out your primary home for up to six years without losing your CGT-free status, provided you don't claim another property as your main residence.• The "Reset" Rule: If you exceed the six years, your cost base is reset to the property's market value on the day you first moved out.5. Loan Contamination and Redraws• Purpose Over Security: The ATO cares about where the money went, not what property secures the loan.• The Offset Trap: Redrawing equity from an investment loan to put into a personal offset account makes that interest non-deductible and "contaminates" the loan structure.6. Payday Super 2026• The July 1st Shift: Starting July 2026, employers must pay superannuation at the same time as wages. Real-time reporting via Single Touch Payroll means the ATO will see non-compliance immediately.7. Strata and Special Levies• Deductible vs. Capital: Admin and sinking fund fees are usually deductible. However, "Special Levies" for structural improvements (like a new roof) are capital works and must be depreciated over time.3 Takeaways1. Document Everything Forever: Holding costs that are "locked" during construction aren't lost; they are future tax savings. Keep your digital records for the life of the investment to prove your cost base.2. Protect Your Loan Purpose: Avoid mixing personal and investment funds in the same redraw facility. Keeping your debt "clean" is the best way to avoid an ATO audit.3. Watch the Six-Year Clock: The Main Residence Exemption is incredibly valuable. If you are approaching the six-year mark of renting out your former home, seek advice on whether to sell or move back in to protect your tax-free gains.Final Tip: With the 2026 Federal Budget approaching, stay tuned for updates regarding the general CGT discount and potential changes to negative gearing.