Over the weekend, former Prime Minister, John Howard, urged the Coalition not to tinker with tax breaks for property investors. From Sky News:
Speaking on Australian Agenda, the former PM also warned the government to tread carefully before making any tax changes for property investors…
Mr Howard says many people with modest incomes rely on the tax concession.’Negative gearing has been around forever … I’d be careful’ he said.
The Australian has more:
Mr Howard said he was not “convinced” that changing the tax breaks for negatively gearing property investments was a good idea…
…Mr Howard said he remembered how the Labor government that restricted negative gearing in 1986 “retreated very quickly, and my recollection is that had quite an impact on rents particularly in Sydney”.
Leaving aside the myth that rents rose after the temporary restriction of negative gearing between 1985 and 1987, which has been thoroughly debunked by MB, we should not be surprised by John Howard’s position against reforming property tax breaks.
It was the Howard Government, after all, that made the fateful decision to halve the rate of capital gains tax (CGT) in 1999, which lead to an explosion of negatively geared investment.
Shortly after CGT was halved, loans to investors surged, growing almost exponentially over subsequent years (see below chart).
This growth was driven by a massive increase in the number of negatively geared investors, whose numbers have roughly doubled since 1999 at the same time as the number of positively geared investors has remained roughly stable (see next chart).
Indeed, the slashing of CGT made negative gearing a much more effective tax shelter – for reasons explained in the Hawke Government’s 1987 Cabinet Submission to re-instate negative gearing (viewable via searching here):
The negative gearing measure was introduced [in 1985] to partially close-off a generally recognised tax shelter, a rationale which remains broadly valid…
The three basic features of a typical tax shelter are the absence of a full nominal capital gains tax, the deductibility of full nominal interest expenses, and the mis-match in the timing of the deductions and the recognition of taxable income (for example, because capital tax is payable on a realisations rather than accrual basis).
Rental property investment clearly exhibits each of these features, as do some other activities, and so effectively obtains tax benefits under the current tax system.
It is also a key reason why the value of rental losses exploded after the CGT discount’s introduction (see below charts).
As noted by Deloitte’s “Mythbusting Tax Reform” report, released in October, Howard’s CGT discount has also had adverse equity and efficiency impacts: