29 September 2024

Pocock suggests negative gearing compromise as PM endures taxing time

| Chris Johnson
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man standing in parliamentary building

Independent Senator David Pocock has suggested a middle path on negative gearing tax concessions. Photo: Lincoln Magee.

ACT independent Senator David Pocock has proposed a “middle path” to negative gearing, saying the investment property tax concession doesn’t have to be scrapped.

Instead, he suggests modest adjustments to what he has described as “overly generous” concessions for investment property owners.

Tinkering with the tax, as opposed to wiping it altogether, would save billions of taxpayer dollars that could be directed towards housing supply, he said.

“It’s not that we either scrap the whole thing or we don’t touch it,” Senator Pocock said during an ABC Radio interview on Friday (27 September).

“There’s a sensible middle path to reform.

“We are in a housing crisis and I’m concerned politicians aren’t clocking just how bad this is across the country …

“For so long, housing has been an investment vehicle, a way to build wealth, rather than a human right that is actually affordable and accessible to Australians.

“More and more people, even people who’ve done well, are realising that this isn’t working for us.”

READ ALSO PM reverses gear over negative gearing comments

Senator Pocock has previously suggested a cap on negative gearing be set at one property.

He says that, combined with some other related housing tax measures, could add $16 billion to the government’s bottom line over a decade.

The independent Senator has been championing changes to housing policy for some time, saying the crisis is worsening.

He recently urged the government to consider key amendments to its Build to Rent legislation to ensure it delivers more affordable housing benefits and better outcomes for tenants.

“Supply constraints in the face of growing demand are driving a continued sharp deterioration in the affordability of housing to both buy and rent, tipping more households into mortgage and rental stress and exacerbating the homelessness crisis,” he said.

“Responding effectively to this crisis requires all governments to pull all available policy levers in response – no single measure will solve it.

“Build to Rent has the potential to play a role in addressing the housing affordability crisis, but only if we get the policy settings right.”

Senator Pocock recommended revising the definition of affordable tenancies to ensure they are available to moderate-income earners, with at least 20 per cent allocated to low-income earners.

That would mean rents would be set at up to 74.9 per cent of market value or no more than 30 per cent of household income, whichever is lower.

His other proposed amendment was to lower the managed investment trust withholding tax rate concession to 10 per cent and ensuring a level playing field for domestic super funds.

READ ALSO Public service looking at negative gearing tax policy, PM suggests

Labor’s Build to Rent legislation and its Help to Buy Bill have both stalled in the Senate, much to the frustration of the Federal Government.

Anthony Albanese appeared to open the door earlier in the week to possible changes to negative gearing concessions.

The immediate backlash saw the Prime Minister subsequently move to say he had no plans to alter the tax.

Pressed further on Friday morning, Mr Albanese didn’t want to talk about it.

“Just for clarity, what we are doing is what we have before the Parliament. So I talk about what we’re doing, not what we’re not doing,” he said at a media conference when asked about negative gearing.

“What we’re doing is trying to get our legislation through the Parliament as part of our $32 billion Homes for Australia Plan.

“Now there are two key pieces of legislation. One is Build to Rent. Now what that’s about is providing incentives for the private sector to make sure that there’s increased supply.

“And the second is our Help to Buy Scheme. That’s about 40,000 people getting assistance to buy their own home. Now the Housing Australia Future Fund, that’s the third part of just one, there’s more than three parts, but that goes to social housing.”

Asked again whether he planned to change negative gearing, the PM responded: “Well, I’ve said what we’re doing, and I’ve said what we’re not doing. What we’re doing is very clear, which is our Homes for Australia Plan.

“That is what we are doing. I am saying what we are doing, and I’m saying that is our focus, and our only focus is on that.”

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Just scrap it, any investment that relies on claiming deductions for its losses is a dud.

@Ken M. If you accept that life, health and participation in society are human rights, it follows that housing is a human right. It’s very difficult to have life, health and to participate in society without housing. Why do you think housing is NOT a human right? And, given that homelessness frequently leads to hospitalisation or prison, it’s cheaper for society to give people homes than to build more hospitals and prisons.

I’m so frustrated by the people here commenting that running their ‘investment’ property at a ‘loss’ – ie, taxpayer-funded negative gearing – is somehow for the public good. And that only paying half tax on their eventual profit is somehow fair too. I’d prefer my taxes went to schools and hospitals rather than subsidising well-off people to buy second, third, fourth … houses. It makes no sense to subsidise them when many people can’t afford a single home.

Where’s all the rentals coming from if it’s not worth it to have an investment property? Last time they canned it in the 80’s, it caused a rental crises with investors dumping their homes and then the subsequent building industry collapse when their were no investment buyers. Be careful what you wish for. There’s plenty of good money making investments for investors if property ceased to be profitable.

Elf, please do not be quite so ridiculous.

Why would it not be worth having an investment property without negative gearing, when over half of property investors manage exactly that? Are you not up to the task of investment?

Sale of a rental is zero sum — there is now a buyer who was formerly a renter, no matter how many tiles you shuffle along.

Property investors purchase (not meaning initiate) less than a quarter of new house builds, and that too is zero sum if prices are allowed to adjust to a natural level without the distortions favouring property investors.

Finally, the claims of a rental crisis in the 1980s are false. I agree there was a crisis of self-interested lobbying, as is usual, but a quick survey of Australian capitals at the time shows rent increases in only a single local market, Sydney, where they are highest and jerk around fastest anyway.

There was no rental crisis then, and there will be less of a housing crisis if prices ameliorate as they will when tax distortions are removed. If society wishes to subsidise renters then it will be far more efficient to target supply and the renters themselves, not a minority of landlords whose squealing snouts are snuffling in the trough.

It’s real simple Elf, if we paid builders to build rather than investors to own land, we would get a lot more supply. The suggestion that a rental crisis was caused by investors dumping homes in the 80s is an outright lie…

https://www.theguardian.com/commentisfree/2024/sep/21/australia-housing-crisis-negative-geating

Property has ceased to be profitable in Canberra if you own apartments, pay massive rates, land taxed and body corporate fees. Rent increases are limited so do not cover the increased costs of maintaining a unit with all the requirements the ACT government insists on. Also, asset values are decreasing for apartments as vacancy rates continue to increase due to overbuilding in some locations.

I am so sorry to hear that you have difficulty managing investments, psycho. That includes investment risk, or do you think there should be none, that you should blame others?

My query for a person describing your apparent circumstances would be, why are you not selling, to find a safer, easier to manage, investment? Falling unit prices will assist those seeking their own place to live as well.

Oh look out, our resident financial and economic illiterates with no money of their own are telling us all how investments should work. 🤣

I have no investment properties now due to retiring soon. At my peak I had 7. If it wasn’t for the tax benefits I would have had none and invested more into the stock market and left property alone. A lot of investors would do the same. I wasn’t in the business of providing rental stock, I was in the business of making money!

So why did the government change it back with8n months?

Negative gearing encourages investment in housing. This can lead to increased housing supply, which benefits the rental market.

@Dazzer
That’s a bold assertion that negative gearing “… can lead to increased housing supply …”.

Very few property investors actually build new homes – the majority purchase existing homes in competition with those who are purchasing to occupy. If anything, removing negative gearing could (arguably) increase housing supply as those who could not afford to carry an investment property at a loss, in the hope of realising an eventual capital gain, may well have to sell – i.e. more houses on the market.

James Anthony11:27 am 07 Oct 24

Negative Gearing increases demand though this does not equal an increase in supply. Property values have skyrocketed because demand has increased disproportionately to supply. Housing is not a simple good to produce and this policy has led to disproportionate demand that supply can’t catch up to. There are multiple ways they can take demand pressure off, this is just one of many ways they hopefully look at to do so.

Not true, your tax benefits are much better in new properties. A smart investor would prefer in most cases of ordinary housing buy new for that reason.

So, who provides the majority of rental properties to the market? It is private property investors that’s who. Getting rid of negative gearing discourages people from investing in property, which means fewer properties available to rent and therefore higher rents.

@dazzer
Well for starters, less investors competing with and, generally, outbidding current renters, wanting to be potential owner-occupiers, means less people actually needing to rent.

If negative gearing was limited to ‘build to rent’ investment properties there might be a good case for its retention.

David Pocock’s compromise for reforms to negative gearing are sensible but only a small step in tax reform!

Yes fix our migration programs, negative gearing and all those other policy areas to bring them into line. Reforms to NDIS are currently underway returning the program to what it was originally intended to be, targeting those most in need. The government needs to go further and make the bold decisions in reforming our tax system to fund those important services our country needs. But does the Labor government have the ticker to make these changes? Homes owned by local and overseas investors sitting empty, our mining industry and largest multi-nationals who pay little to no tax, franking credits mainly benefiting wealthy retirees, tax breaks for property investors including negative gearing, to name a few. Tax concessions are crippling the country and costing more than our health and education budgets combined!

With luck negative gearing reforms are just the beginning of reforming our country’s taxation system!

devils_advocate1:42 am 01 Oct 24

Lmao

“Tax breaks”

The Lords are using their PAYG income to subsidise the rent of their tenants

Any losses are rightly claimed as deductions at their marginal rate

But instead of being thanked they are being demonised

Only in ‘straya

People invest in property so that they can get ahead in life so that when they retire they’ve built a nest egg and can be self funded retires. It’s not a negative to try and better yourself and your financial status.

Changing any negative gearing concessions will just increase rents and limit properties available for rent. It will also reduce land tax in the government’s coffers.

Maybe the government could find internal savings as currently they spend money like no.ones business and they’re hardly a well oiled and efficient entity.

Australia is only one of four countries in the world to have negative gearing; other countries rents are not affected for not having NG. NG was brought in as a way for a family to build a new home and NG their existing one; this increasing housing stock. New houses are also subject to depreciation as another tax perk. Applying NG for new builds would help control rents and increase stock.

Incidental Tourist7:54 pm 30 Sep 24

“Independent” Pocock drifts left from Labor to Greens.
Real estate is already heavily taxed by state governments starting from land sales where taxes are built in, stamp duty, never ending gov fees for countless bureaucratic approvals, land tax, rates, large bureaucratic portion of sewerage and body corporate fees for all sort of statutory registration fees (read more gov tax). And then GGT discount or negative gearing is not the cash handout. Tax discount is still even more tax. But by some reason Pocock and many others don’t see all these taxes. The represent CGT tax discount as a cash handout while in reality it is still federal tax.
Houses are expensive because they contain a lot of tax built in. And even more tax never make prices cheaper.
As to built to rent stimulus – majority of these BTR investors come from overseas. BTR tax concession works by stimulating rents outflow from Australia to overseas landlords. Let alone “affordable BTR” is also called ghettos.

Rupert Samuel6:23 pm 30 Sep 24

David Pocock’s proposal makes sense. I’d like to see a limit of one property for negative gearing concessions and that must be a new build in order to support jobs and increase housing supply concurrently.

Housing is a need. An investment portfolio is a want. Giving away 8-9 billion dollars every year in tax breaks for the wealthy to make intentionally bad “investments” is taxpayer-funded market manipulation.

To quote John Kenneth Galbraith, One of man’s oldest, best financed, most applauded, and, on the whole, least successful quests had been the search for a truly superior moral justification for selfishness.

Tempus Viator10:47 am 01 Oct 24

What about those individuals (ie Mum and Dad, Nurses, Firefighters etc..) who have invested in a house/s to help in their retirement, rather than relying on the Age Pension?

Either way you are taxing workers. With negative gearing landlords additionally take way the option of workers having the security of their own home. Exploiting renters / increasing the cost of housing for younger people to fund your retirement is clearly worse than drawing on the aged pension.

Incredibly ill-informed comments showing a complete lack of knowledge of economics, investors and our tax system.

And Pocock’s undergraduate/experience is what exactly? O yes, that’s right, he’s a sportsman.

No doubt you are way smarter.

I suggest you do your research so you are less likely to make ill-informed comments and condemn people who are more well-qualified than you think.

Hi David,
Perhaps just perhaps release land,
State & Territory Government held between 4% to 5% of houses as public housing, now that is down to near 2%. Leaving to private investors to pick up the short fall.
The ACT government your local government are getting out of public housing, super slow to release land, thus driving up property prices, you should highlight that state governments & councils are super slow release of land.
Releasing land will reduce pressure on the housing market.
It is a very simple solution but 1 socialist politicians are not talking about, just attack the investors who are helping prop up the rental market.
It’s simple David.

Joseph Stalin3:13 pm 30 Sep 24

what we need from independents is someone with relevant domain knowledge and the intelligence to propose something that isn’t just creating a new tax by grabbing money from investors who are using property to help secure their retirements – because that is NOT something to rely on the government for. Instead, we get a living example of Dunning Kruger with poorly conceived ideas. Capping neg gearing at 1 property is such a crap idea I don’t know where to begin.

Mr Pocock is a disappointment when he fails to address the very high levels of net migration. He mentions “growing demand” but his only solution is to address supply constraints to meet this demand. All this results in is more environmental destruction as we clear land (either farm land or native bush) for housing. Yet Mr Pocock is supposedly concerned about the environment. Where is the concern? Why not advocate a more sensible level of net migration instead of 500,000 every year? That will help address housing affordability.

Yeah Greg, let’s blame the immigrants. /s

Capital Retro7:48 pm 30 Sep 24

Pocock is an immigrant and a very successful one too.
Also has a huge carbon footprint which he has tried to purge by becoming a global warming warrior and chaining himself to a large item of earthmoving equipment.

The Government is responsible for controlling the number of people coming to the country. I am blaming the government for allowing so many and thus resulting in such problems. A sensible level of migration is good for migrants and good for those here already.

Didn’t you know that it is always the immigrants fault in this country Dixy. Just wait for a Herr Dutton Government if we get one and that rhetoric will go through the roof.

I believe the Prime Minister is under the illusion that investors who have bought residential investment properties are making fortunes at the expense of tenants who rent those properties. Just let him have a chat with Canberra investors who have bought those properties over the past 20 years and he will discover that most of these investors have actually lost money on their investments.

Especially if those properties are apartments where rates rose dramatically, as did land taxes and body corporate costs, whilst there has been little increase in asset values and certainly not more than inflation.

With a shortage of housing across the country, increasing supply is key but that will take time given the supply chain and labour difficulties. Whilst working on those issues, it’s smart to shut down those who blame negative gearing for all the problems by reducing it without causing major upset and loss to anyone.

This proposal to change the way forward on negative gearing will bring long term benefits without creating short-term problems. It is more likely to get through Parliament as the grandfathering ensures progress whilst no-one loses anything immediately. (Many politicians are investors in the housing market). There is time to change investment strategies to adjust to a new reality and acting in this way reduces the likelihood of a major disruptive change without notice.

It is the failure to plan for the long term that stopped investment in public housing, a mistake that can be corrected with policies such as this.

Tempus Viator11:21 am 30 Sep 24

Isn’t this just playing around the edges and dragging the issue out. It may only give a small percentage of houses back to the market for Buyers if some of the investors give up a loss leading property (ie lower tax benefit). It will do very little for Renter, it may even push rent prices up.
The politicians need to tackle the topic that will make a significant change for both home Buyers and Renters. That is, both Local governments and State governments make the building approval process more efficient and release more land (with infrastructure) and for the Federals government better institute a trade training program to get more people into the building trades.

Just when I thought he couldn’t be any more of a flog, he comes out with the “HoUsInG iS a HuMaN rIgHt!” stupidity.

People saw Zed as an extremist. Pocock is an extremist at the other end of the spectrum. He’s just slightly less overt about it.

Stephen Saunders6:44 am 30 Sep 24

If really worried about the housing crisis and the homelessness, David, speak out about the Albanese deluge of 1.5m migrants in three years. You are woke, you wouldn’t dare.

Maybe you should be the one speaking out Stephen Saunders and explain what part of Australia’s migration program you oppose? You did not answer the question I posed to you recently!

Statistics released by the ABS report migrants as being Australian citizens, temporary visa holders, international students, holiday makers, temporary skilled and NZ citizens who stay in Australia 12 months or more over a 16-month period. International students make up the largest intake of migrants to our country. We were coming out of a 4-year Pandemic when the most recent figures were released by the ABS in late December 2023 and published annually, with the lifting of travel bans underway at the time.

The government has announced it will cap foreign student numbers despite migration figures falling. This decision has been widely criticised with many of the international student places already offered for next year. The decision damages our country’s reputation as a premier destination for high quality further education and hurts our economy and universities!

Homelessness and the housing crisis did not begin in the last 3 years. It’s been gradually building for decades due to neoliberal policies that focus on short term gain for a few at the cost of investing in the long term for the entire country.

Jack D there are simply too many “students” who come to Australia seeking a residency outcome. They stay here endlessly on temporary visas hoping one day they will get residency. The government is attempting to belatedly address this mess. As the government has said arrivals are coming down but departures are not. They extend their stay by lodging bogus asylum claims and then appeals. All costing the taxpayer millions and extending their stay indefinitely.

Rupert Samuel6:24 pm 30 Sep 24

I’m not sure what you mean, Stephen. Can you please define “woke” for me?

Yes there are student visa overstayers Greg but there are also many others. I notice Dutton and other conservatives are currently running a grubby scare campaign by demonising international students who overstay their visas by making the preposterous claim they are modern day boat people! It is easy to target students or migrants when looking for scapegoats! The opposition, and Dutton as Immigration Minister created the situation we have now and new student applicants are currently being penalised!

There are strict guidelines for extending student visas. Government oversight has decreased over the years and, as you say, currently under repair. A student cannot overstay a visa. If they meet the requirements for a permanent or provisional visa they may have a chance of success with their visa being extended. If they overstay their visa they would receive an automatic 3-year ban from re-entering the country. They would also find it very difficult to regain entry after this time.

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