Is It Better to Buy Property Alone or With a Business Partner in Australia

The 2026 Australian Budget changes the tax rules on property investment from mid-2027. Negative gearing will only apply to new builds, the 50% capital gains tax (CGT) discount is being replaced, and discretionary trusts face a new 30% minimum tax rate from July 2028. These aren’t small tweaks — they shift which ownership structure actually makes financial sense right now.

Disclosure: Some links on this page are affiliate links. If you make a purchase through them, Britwealth may earn a commission at no extra cost to you. We only include products and services that are relevant to the topic.

This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.

$370,501
Estimated 7-year profit, individual/joint ownership ($1M property)
EduYush

30%
Minimum trust tax rate from 1 July 2028
EduYush

9%
NSW foreign buyer stamp duty surcharge (from Jan 2025)
PropertyCosts

$60,600+
Potential extra cost from wrong ownership structure
PropertyCosts

Whether you buy alone or with a business partner, the structure you choose decides how much tax you pay, what deductions you can claim, and how easily you can exit. The old rule of thumb — stick it in a trust or company — no longer holds the same advantage. Here’s what you actually need to know.

What the Research Reveals About Buying Solo vs With a Partner

Individual or joint ownership wins for most investors
The modelling shows $370,501 estimated profit on a $1M property over 7 years — higher than any other structure — and new builds still qualify for negative gearing against wage income.

Companies produce the lowest returns for long-term holding
Company ownership cannot access the CGT discount, yielding only $256,808 in the same model. Suitable for developers, not residential investors holding for growth.

Trusts lose their tax edge from July 2028
The new 30% minimum tax on discretionary trusts narrows the gap with individual rates. Trusts still offer asset protection, but the pure tax case is weaker.

FIRB spousal exemption requires joint tenancy
Foreign buyers purchasing with an Australian citizen or PR as joint tenants can skip FIRB approval entirely — but tenancy in common does not qualify, and state surcharges still apply.

I tend to look at these numbers and think: the default answer for most people buying residential property in Australia right now is individual or joint ownership, especially if you’re buying a new build. Trusts and companies still have a place, but you need a specific reason — asset protection, estate planning, or development activity — to justify the extra cost and complexity.

Negative Gearing
When the costs of owning a rental property (interest, maintenance, depreciation) exceed the rental income, the loss can be deducted from your other taxable income, like your salary. From 1 July 2027, this deduction is only available for newly constructed properties, not established ones purchased after the budget date.

If you’re comparing structures, it’s worth weighing the borrowing implications of each option before you commit — lenders assess serviceability differently when multiple parties or trust structures are involved.

What Each Ownership Structure Actually Costs You

Purchase price is only the start. The ownership structure you pick determines your tax rate, your access to the CGT discount, your annual compliance costs, and — if you’re buying with someone else — how the equity is split and what happens if one of you wants out.

Here’s how the four main structures compare on a $1,000,000 established property over seven years, assuming 80% interest-only financing at 6%, a 5% rental yield, and 5% annual growth in costs and values:

→ Scroll right to see all columns

Source: EduYush Budget 2026 Analysis
StructureEstimated 7-Year ProfitCGT Discount AccessAnnual Compliance CostBest For
Individual or Joint$370,501Yes (50% or new inflation method)Low (personal tax return)Most residential investors, especially new builds
Discretionary Trust$356,483Yes, but 30% minimum tax from July 2028Moderate–high (trust return, accounting)Asset protection, estate planning, family control
Company$256,808NoModerate (company return, ASIC fees)Developers, business operators, high-income retainers
SMSF$308,491Yes (one-third discount)High (audit, actuarial, admin costs)Long-term retirement-focused investors

The difference between individual and company ownership is over $113,000 in this model — and that’s before you add stamp duty, selling costs, or any state surcharges. For context, buying as joint tenants with an Australian citizen spouse can save a foreign buyer more than $60,600 in FIRB fees and surcharges compared with buying as tenants in common.

The $60,600 Mistake
A foreign buyer purchasing a $1,000,000 NSW home with an Australian spouse as tenants in common (50/50) could face a ~$15,600 FIRB fee plus a 9% surcharge on their half ($45,000) — $60,600 in total. Choosing joint tenants instead eliminates the FIRB fee entirely and may reduce the surcharge exposure. The difference is a single box on the title deed.

If you’re buying with a partner and one of you is a foreign national, the way you hold the title determines whether you need FIRB approval — and that decision alone can cost more than a full conveyancing fee.

Where Buyers Trip Up on Ownership Structure

Treating joint tenants and tenants in common as interchangeable

Joint tenancy means equal shares and right of survivorship — if one owner dies, the property passes automatically to the other. Tenancy in common allows unequal shares and each owner can will their portion separately. For FIRB purposes, only joint tenancy qualifies for the spousal exemption. A foreign buyer who picks tenants in common thinking it doesn’t matter may face a $15,600+ FIRB application fee and a state surcharge on their share. The distinction isn’t minor — it’s a five-figure difference.

Using a company to hold residential property for long-term growth

Companies cannot access the CGT discount of any kind. The model shows company ownership producing $256,808 versus $370,501 for individual or joint — a gap of $113,693 over seven years. Companies also add ASIC fees, separate tax returns, and higher governance obligations. The only situation where a company makes sense for property is if you’re developing, flipping, or retaining profits inside the entity for reinvestment. For buy-and-hold, it’s the weakest option on the table.

Ignoring the 2028 trust tax change when setting up now

The 30% minimum tax on discretionary trusts kicks in from 1 July 2028. If you establish a trust today expecting the old low-tax flexibility, you’ll be locked into a structure that costs more annually and delivers a smaller after-tax return than individual ownership. Trusts still offer asset protection and estate planning benefits, but the pure tax case is gone. My first move would be to model the trust’s projected profit after 2028 before paying the setup costs.

Skipping a written co-ownership agreement

Buying with a business partner or friend without documenting how costs, equity, and exits are handled is common — and expensive when things change. A clear agreement should state ownership shares (tenants in common percentages), who pays what share of the mortgage, repairs, and insurance, and what happens if one party wants to sell, refinance, or stop paying. Without it, you’re relying on default property law, which may not reflect your actual arrangement. If you need a solid contract foundation, business law advice on co-ownership agreements is worth budgeting for before you sign.

Choosing and Setting Up Your Ownership Structure

Match the structure to the property type

From 1 July 2027, negative gearing is only available for new builds. If you’re buying an established property after that date, rental losses cannot be offset against your salary — they’re quarantined. That changes the calculus significantly. Individual or joint ownership of a new build gives you negative gearing access plus the CGT discount. For an established property, the tax advantages shrink regardless of structure, so the decision shifts toward long-term capital growth and borrowing capacity rather than annual tax deductions.

Get the FIRB pathway right for mixed-nationality purchases

If you’re a foreign national buying property in Australia with an Australian citizen or permanent resident, the FIRB spousal exemption applies only when you hold the property as joint tenants. You also need to check your state’s stamp duty surcharge rules. In NSW, the 9% surcharge may still apply to the foreign spouse’s beneficial interest unless they meet the exempt permanent resident conditions (200 days physical presence, principal place of residence, eligible visa). In Victoria, the 8% FPAD is waived for principal place of residence purchased jointly with an Australian citizen if occupied within 12 months. Investment properties don’t qualify for the Victorian exemption. Planning where you’ll live — not just what you’ll own — affects the surcharge bill.

Draft a co-ownership agreement that covers the hard scenarios

A co-ownership agreement should cover: who contributes what to the deposit, how mortgage payments are split, what happens if one person can’t pay for three months, how major decisions (refinancing, renovating, selling) are voted on, and a clear exit process including valuation method and timeline. Tenants in common is usually the better structure for non-couple buyers because it allows unequal shares and each party can sell or will their portion independently. If you’re buying with a business partner, a solicitor experienced in property transaction law for co-ownership can draft the agreement before settlement — not after a dispute arises.

The 2027–2028 transition timeline and what it means for your decision now

Two key dates change the math. From 1 July 2027: negative gearing restricted to new builds; 50% CGT discount replaced by an inflation-based discount with a minimum 30% tax on gains. From 1 July 2028: discretionary trusts face a 30% minimum tax rate. If you’re buying before July 2027, you can still claim negative gearing on an established property under current rules — but you need to hold it past the change date to understand your ongoing position. If you’re setting up a trust now, factor in the 2028 rate from day one rather than assuming the old flexibility will last.

Frequently Asked Questions

Can I buy property with a business partner who isn’t a relative? ▾
Yes. You’ll likely use tenants in common to reflect unequal contributions, and a co-ownership agreement is essential. Lenders assess both applicants’ serviceability jointly, so one partner’s poor credit affects the whole application.
Does the FIRB spousal exemption apply to de facto partners? ▾
Yes, if you’re in a recognised de facto relationship and buying as joint tenants with an Australian citizen or permanent resident. You need to provide evidence of the relationship — shared address, financial history, and duration.
What happens if my business partner wants to sell and I don’t? ▾
Without a co-ownership agreement, either party can apply to a court for partition or sale of the property. With an agreement, you can specify a first-right-of-refusal process, valuation method, and timeline to avoid forced sales.
Is an SMSF a good option if I’m buying with a business partner? ▾
SMSFs have strict borrowing rules (limited recourse borrowing arrangements only) and no personal use of the property. Annual costs are high, and both parties need to be trustees. It’s usually only sensible for long-term retirement-focused investors with substantial balances.
Does the 30% trust tax apply to all trusts, or only discretionary trusts? ▾
The 30% minimum tax from 1 July 2028 applies to discretionary trusts specifically. Fixed trusts and unit trusts are not affected in the same way, but you should confirm your trust type with a tax professional before assuming exemption.

The Structure You Pick Now Locks in Your Tax Position for Years

The 2026 Budget doesn’t just change the rules for future purchases — it changes the logic of how you should structure a property investment in Australia from today. Individual or joint ownership is the strongest default for most residential investors, especially on new builds. Trusts and companies still have specialised uses, but the cost of getting the structure wrong — whether through lost CGT discounts, unexpected surcharges, or locked-in tax rates — is higher than it was before the Budget.

Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.

If this was useful, you might also want to read Building vs Buying in Australia: Pros, Cons and Financial Reality.

Sources and Further Reading

Why More Australians Are Exploring Lease Options as a Property Strategy — Looks at alternative paths into the market when standard ownership structures don’t fit.

Beyond Bricks & Mortar: The Untapped Potential of Alternative Property Investment in Australia — Explores options beyond direct residential ownership for investors with different goals.

EduYush (2026). Best Property Investment Structure Australia After Budget 2026. 🔗

PropertyCosts (2026). FIRB Spousal Exemption: Complete Guide to Buying Property with an Australian Partner (2026). 🔗

Smaver (2026). Buying Solo, With a Partner or With Family Help. 🔗

Original Wealth (2026). Steps to Buy a Property with a Partner or Friend. 🔗

Australian Taxation Office. CGT Discount Rules. 🔗

Australian Taxation Office. SMSF Tax Rules. 🔗

Share this

Facebook
Twitter
LinkedIn
Email

Sam Willy

I’m Sam Willy, one of the bright minds behind BritWealth.com, where I share insights, stories, and fun ideas about a wide range of topics—finance included, but not limited to it! My journey into the world of writing began with a simple hobby: sharing the things that fascinated me. From quirky facts to deeper dives into personal development, I’ve always been curious about the world around me and love passing that knowledge on.
Subscribe
Notify of
0 Comments
Oldest
Newest Most Voted

Disclaimer

The content published on BritWealth.com is provided for general informational and educational purposes only and should not be considered financial, legal, insurance, tax, investment, or professional advice. You should always carry out your own research or seek independent professional guidance before making financial or business decisions.

Some content on this website may contain affiliate links. This means BritWealth.com may earn a commission if you click through and make a purchase, at no additional cost to you. As an Amazon Associate, BritWealth earns from qualifying purchases.

While we make reasonable efforts to keep information accurate and up to date, BritWealth.com makes no representations or warranties, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of any content on this website.

Any reliance you place on information found on this site is strictly at your own risk. BritWealth.com will not be liable for any loss, damage, or consequences arising from the use of this website or reliance on its content.

By using this website, you acknowledge and agree to this disclaimer and our terms of use.

Table of Contents

Share This

On Trend

Readers'
Top Picks

The Psychology of Home Buying: Avoiding Emotional Traps in the Australian Market

Buying a home in Australia is often the biggest financial decision most people make, making it incredibly emotional. This intense involvement can lead to overlooking crucial details, overspending, and ultimately, buyer’s remorse. Understanding the psychological traps that plague home buyers in the Australian market is the first step towards making informed, rational decisions. Understanding the Emotional Landscape of Home Buying in Australia The Australian property market is unique, driven by factors like a strong cultural emphasis on homeownership, significant levels of investment from both domestic and international sources, and a complex web of government regulations and incentives. This environment

Read More »

Property Flipping Down Under: Risky Gamble or Lucrative Opportunity?

Property flipping in Australia, buying a property with the intention of quickly reselling it for a profit, presents both exciting possibilities and substantial risks. Whether it’s a lucrative venture or a costly mistake depends heavily on market conditions, renovation skills, financial planning, and a thorough understanding of the Australian real estate landscape. Understanding the Australian Property Flipping Landscape Flipping properties in Australia differs significantly from the US or other markets due to unique factors. For instance, stamp duty, a significant upfront cost when purchasing property in Australia, can eat into potential profits, especially if the flip happens quickly. Unlike

Read More »

Avoiding Common Mistakes When Selling Your Home in Australia

Selling your home in Australia can be a complex process fraught with potential pitfalls. Avoiding these common mistakes can save you time, money, and a great deal of stress, maximizing your chances of a successful sale and the best possible price. This article dissects the crucial steps, from pricing strategies and property presentation to legal requirements and negotiation tactics, equipping you with the knowledge to navigate the Australian real estate landscape with confidence. Pricing Your Property Unrealistically One of the most significant errors vendors make is overpricing their property. It’s tempting to aim high, hoping for a windfall, but

Read More »

Unlock Your Property’s Hidden Potential (Renovation Secrets Revealed!)

Unlocking your property’s hidden potential through renovation in Australia isn’t just about aesthetics; it’s about strategic improvements that boost value, enhance livability, and cater to the evolving demands of the Australian real estate market. This article delves into the specifics of maximizing your renovation ROI, navigating the Australian regulatory landscape, and capitalizing on current trends to transform your property into a high-performing asset. Understanding the Australian Renovation Landscape Australia’s diverse climate and regional preferences deeply influence renovation choices. What resonates in a coastal Queenslander might be vastly different from a modern Melbourne apartment. Nationally, kitchen and bathroom renovations consistently

Read More »

The Great Aussie Land Grab: Are We Running Out of Space?

Australia’s real estate market is facing a stark reality: a growing population coupled with finite land, particularly in desirable coastal and metropolitan areas, is fueling concerns about a “great land grab.” This isn’t just about rising house prices; it encompasses issues of affordability, sustainability, urban sprawl, and the preservation of agricultural land and natural environments. We’re taking a dive into the heart of these issues, examining the pressures impacting land availability, the consequences for current and future generations, and some innovative approaches being considered to address this complex challenge. The Population-Land Crunch: A Numbers Game Australia’s population continues to

Read More »

The Aussie Property Mythbusters: Debunking Common Beliefs About Investing

Investing in Australian property is often shrouded in myths and misconceptions. Many beliefs, passed down through generations or amplified by media hype, can lead investors astray. This article aims to debunk common myths about Australian property investment, offering a clearer, more informed perspective on this complex market. Let’s dive into understanding the realities of investing Down Under. Myth 1: Property Investment is Always a Safe Bet The idea that Australian property values always rise is one of the most pervasive myths. While historically, Australian property has shown strong long-term growth, it’s crucial to understand that markets are cyclical. Boom

Read More »