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Short Memory

Alternative Title – Shortened Memory


Negative Gearing and Capital Gains Tax: Foundations of the New
Australian Housing Model

INITIAL DRAFT
16 May 2016

Prepared by Brian Haratsis


Executive Chairman

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Table of Contents
Executive Summary ......................................................................................................... 3
1. Context ............................................................................................................................... 6
2. Long Term Housing & Rental Prices in Australia ....................................................... 10
3. Impacts of Negative Gearing & CGT on Price & Rental Levels ............................ 20
4. Impacts of Proposed Changes to Negative Gearing & the CGT Discount ........ 32
5. Residential Market Downturn ....................................................................................... 39
6. Appendix 1 ...................................................................................................................... 42
7. Appendix 2 ...................................................................................................................... 43
8. Appendix 3 ...................................................................................................................... 45

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_Executive Summary
1. The ALP proposal to permit negative gearing of 5. The proposed ALP policy change will cost a similar
wage income only on new buildings and to reduce amount as the revenue it collects and in addition
the Capital Gains Tax discount from 50% to 25% will cost renters an additional $1.7 billion per annum in
have three major short term to medium term rental costs. Direct expenditures for a modest
impacts. mitigation of the impacts on low income renting
households are:
2. Over the next decade it will reduce by over 1 • $2.5 billion per annum capital costs for social
million, the number of negative gearing landlords. housing due to the reduction in rental dwellings
This will directly impact on 45% of the 2.25 million acknowledging the historically high 150,000
renting households. It will increase rents by 8.8% for people on public housing waiting lists
these negatively geared dwellings. • $0.4 billion in operating costs to support the
additional social housing
• $0.4 billion per annum in Commonwealth
3. Second it will remove 205,000 dwellings from the
Rental Assistance acknowledging historically
rental housing supply stock. Given the current
high 50.1% of low income households in
historically high levels of housing stress (50% of lower
housing stress.
income households were assessed as being in stress
by the ABS (in 2014) and 55% are currently
estimated for 2016 that waiting lists for public The total cost to the economy is therefore $5 billion

housing are also at historically high levels (150,000 per annum with $3.3 billion direct expenditure from

households), an immediate increase in social government. This compares to the average per

housing will be required to replace low income annum revenue estimated by the Parliamentary

rental stock. Business Office of $3.2 billion per annum, resulting


from implementation of the ALP policy framework

4. Third it will create a ‘resale price cliff’. Our detailed


study of the Melbourne CBD / Docklands /
Southbank resale of ‘off the plan’ apartments 6. In addition to the direct costs a wide range of

reveals on average currently a 12 % loss. Around indirect costs should be considered in the

20% of the sales had losses ranging between 20% assessment of the ALP proposed policy framework.

and 40%. Reducing the CGT discount would result These include:

in losses in the order of 17% to 20% for off the plan Higher new dwelling prices in areas with limited

purchases driven by an inability of the first owner to new build opportunities

sell to a negative gearing landlord. Two thirds of More focus on properties which can deliver

apartments are investor owned. Apartment sales high capital gains (high end of market) to

activity levels have reduced between 30% and 40% compensate for the reduction in the CGT

in Sydney, Perth and Brisbane and median discount

apartment prices are dropping in all CBD’s. Higher levels of rental stress for low income
renters, as higher income renters ‘crowd out’
lower income renters seeking to reduce their
rental costs

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Lower income rental households forced out of mortgage insurance etc and more equity from
established areas with jobs, facilities and public purchasers.
transport to move to outer fringe areas in new
dwellings with no jobs, public transport or 10. Considering the following factors:
facilities Australia is in the ‘unwind’ period from the
Increased levels of social dysfunction on the biggest residential boom in Australian
urban fringe history
Increased carbon footprint for low income Significant contraction in credit to
renters as affordable private rental stock in domestic investors has already led to a
established areas shifts to the urban fringe. dramatic drop in investor loans
Significant contraction in credit to overseas
Established house prices are estimated to decline
investors has already occurred
overall by 3% to 4%.
The imminent contraction in the residential
construction activity
7. The ALP policy change forecasts 25,000 additional Reductions in median prices for
jobs. No new jobs will be created because in the apartments has occurred in Sydney,
long run demand and supply of new dwellings is Melbourne, Brisbane and Perth and market
influenced by real disposal income, population conditions in regional areas continue to
growth, employment and mortgage rates. The ALP soften
proposed negative gearing / Capital Gains Tax Pressure on banking shares and banking
discount will result in a similar total housing supply to profits is increasing
the current policy setting. The distortionary impact of the proposed
policy changes is likely to be significant
8. Property markets in Australia are at different phases
Market confusion on behalf of both developers
of the economic cycle. Within 24 months,
and purchasers, risks to market stability and
according to the Australian Construction Industry
volatility in the short term, suggest that retention of
Forum key markets of Sydney and Melbourne will
the current negative gearing / CGT discount is the
contract by approximately 10%.Sales volumes will
most rational policy position.
contract by 25% to 35% from 2015, rents will
increase by 1.0% to 3.0% per annum and median 11. The Henry Tax Review (Australia’s Future Tax System,
dwelling price increases will moderate from 4% to 2010) the last comprehensive analysis into the
6% per annum. reform of negative gearing / CGT discount
recommended that no change be made until
housing supply issues were addressed because of
9. The ALP proposed policy change will create market
the likely negative impacts on housing supply. This
chaos because it is undefined and will be difficult
policy position, which advocated elimination of
to police. For example, is a refurbished building
stamp duty and reforms to land tax, remains the
(e.g. a former office block) for residential purposes
most comprehensive analysis of the best tax mix for
a new building? When is renovating a dwelling a
land and resources. The most recent views of the
new building? Further, financial institutions and
RBA support the Henry Tax Review proposition. The
valuers will take a conservative approach to the
RBA stated in its 2015 Submission to the Inquiry on
‘resale price cliff’ anticipating that resales to
Home Ownership that, ‘The Bank believes that
positively geared entities only will significantly
there is a case for reviewing negative gearing, but
reduce the potential buyer market. This will mean
not in isolation. Its interaction with other aspects of
lower loan to value ratios i.e. increased deposits,

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the tax system should be taken into account’ (p.
23).
12. Negative gearing and the CGT 50% discount has Reduced direct social housing provision
Increased management of social housing
been the foundation of the new Australian Housing
through community housing organisations.
Model, supplying private rental dwellings to
substitute for the real reductions in expenditure on Policy makers proposing to change the negative
public housing. gearing rules and reduce the CGT discount have a
Subsidised home ownership (no CGT) very short memory.
Affordable housing provision by the private
sector with direct Commonwealth Rental
Assistance(CRA) to consumers

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_1. Context
1. This study analyses the impacts of negative 5. The Reserve Bank of Australia (2003) in a
gearing and the capital gains tax (CGT) discount submission to the inquiry into First Home Ownership
in relation to the key objectives set for this policy (Productivity Commission, 2014) set some
setting and the implications of the current CGT intellectual foundations for the Henry Tax Review
policy setting i.e. a 50% discount. in terms of neutralising treatment between asset
classes. In 2015 the RBA confirmed that negative
2. A Recent study by the Grattan Institute (Hot gearing / CGT policy should be integrated with
Property: Negative Gearing and Capital Gains other tax efficiency and tax mix considerations.
Tax Reform, 2016) focused on the ‘beneficiaries’
of the CGT discount, and failed to assess the 6. The RBA submission highlighted that while
economic benefits of the current policy setting. housing prices had increased due the significant
This omission led the Grattan Institute to the interest rate cuts, rental vacancies had also
wrong conclusion i.e. that removing or reducing increased significantly and real rents were stable
the CGT discount would provide ‘saving’ to or declining post the 1999 Ralph Inquiry
government. In reality, such a change will introduction of the 50% CGT discount.
generate no revenue to Government and cost
renters $1.7 billion per annum. 7. The ‘stimulating effects’ of the Ralph Inquiry
significantly improved rental affordability from 1999
until the chaos of the 2007 boom and 2008 ‘bust’
3. These commentators failed to recognise that the
i.e. the GFC. In this period the number of low
increase in supply of rental housing induced post
income renters in housing stress declined by over
the 1999 introduction of the 50% CGT discount
25% i.e. renters paying more than 30% of gross
reduced housing stress for low income renters by
household income on rent (Australian Institute of
over 25% prior to the GFC (2007) in a period
Health and Welfare). This outcome was achieved
where the supply of public housing was reduced
in parallel with significant reductions in the supply
significantly and demand for housing increased
of public housing.
dramatically to support the mining construction
boom.
8. ACOSS (2015) and the Grattan Institute (2016)
utilised similar methodologies to assess the impact
4. The Ralph Inquiry (1999) recommended the 50%
of negative gearing and CGT discount. These
discount to stimulate capital markets, in fact, the
methodologies did not assess the costs and
first sentence after the recommendation in the
benefits of the CGT, rather their studies simply
Ralph report (page 598) states: “The Review’s
sought to ostracise high income individuals, hence
recommendations for capital gains taxation are
the identification of the direct beneficiaries of the
designed to enliven and invigorate the
CGT discount from ATO records without for
Australian Equities markets, to stimulate greater
example analysing the benefits to low income
participation by individuals”. The primary
renters.
objective for the recommended change was to
increase capital investment in nominated asset
categories including land and buildings. 9. The findings that most of the tax benefit
accrued to high income individuals was to be
expected because of their wealth and access to
capital. The broader spectrum of lower income
individuals negatively gearing and utilising the CGT
discount was the real news.

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The last comprehensive study of the issue, the The stimulus effects of the CGT discount
Henry Tax Review, Australia’s Future Tax System accordingly are almost wholly responsible for:
(2010) recommended that no change be made to A 25% reduction in the number of low income
the CGT 50% discount until: earning households paying over 30% of their
Stamp Duty is removed gross household income in rent from 2000/01
Land tax is reformed to 2007/08, however after this period the rate
Housing supply issues are addressed due to of dwelling construction was unable to match
potential impacts on housing supply demand and household income increases
In addition, the Henry Tax Review supported a particularly for lowest ranges did not match
continued CGT discount which improved neutrality rental price increases to 2011/2012. After this
between asset classes (i.e. property / shares / cash) period low wage increases (the lowest post
and positively geared investors in property i.e. war) did not match rental increases and
investors with high levels of equity. rental affordability deteriorated to 2016 (55%
The Henry Tax Review recommendations refined of low income households assessed as pay
the CGT discount recommendations from the 1999 greater than 30% gross household income).
Ralph inquiry which introduced the 50% CGT
discount to replace the complex indexation
concession which applied previously.
TABLE 2: PROPORTION OF LOW INCOME
HOUSEHOLDS SPENDING MORE THEN 30% OF GROSS
TABLE 1: HOME OWNERSHIP RATES FOR AUSTRALIAN INCOME ON HOUSING COSTS
HOUSEHOLDS 1976-2011

45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
1976 1981 1986 1991 1996 2001 2006 2011

Owner without a mortgage


Owner with a mortgage
Renter
Other tenure Significant downward pressure on rental
levels for all renters due to significant increase
in supply.
The stimulatory effect of the 50% CGT discount can
Negative Gearing and the CGT discount are
be clearly observed in the context of the long term
critical elements of the new Australian Housing
supply of rental housing in Australia. The overall
Model which can be summarised as:
trend increase in rental housing supply can be
observed between 2001 and 2011. The increase in
supply of rental dwellings can almost be entirely Subsidised home ownership (no CGT)
explained by market entry from negative gearing Affordable housing provision by the private
landlords as per table 1. sector with direct Commonwealth Rental
Assistance(CRA) to consumers
Source: ABS Census, AHURI (2014) Reduced direct social housing provision
Increased management of social housing
through community housing organisations.

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The economic benefits of using private capital to The direct provision of social housing still requires parallel
generate affordable rental housing are direct (as in Commonwealth Rental Assistance (CRA) to achieve
the case of lower rents) and indirect in the case of affordable rental outcomes.
reduced government expenditure on social
housing and the opportunity to redirect McKell Institute / ACOSS / Gratton Institute utilised the
expenditure. same technique to analyse impacts on renters of
removing the CGT discount by observing the impact
Even with induced effects of private rental housing on rent in the two year period (1985-1987) when the
due to the CGT discount the Reform of Federation deduction to labour income was removed by the
White Paper (Issues Paper 2, Appendix A 2014) Hawke Government.
argues that there is “A lack of affordable private
rental housing for low-income earners—particularly
in the major cities—has led to an increase in the
number of people living in marginal rental
accommodation, such as caravans, boarding
houses and motels (R Goodman et al., The
experience of marginal rental housing in Australia,
AHURI Final Report No. 210, Australian Housing and
Urban Research Institute, Melbourne, 2013, p. 8).
While on the rise since the 1990s (Goodman et al.,
p. 35.), demand for marginal rental housing has
been exacerbated by the impact of the global
financial crisis (Goodman et al., p. 8.). Marginal
housing tenancies are often poorly regulated and
highly controlled by landlords, resulting in greater
insecurity and disempowerment for tenants
(Goodman et al., p. 2)”

TABLE 3: EXPENDITURE ON HOUSING ASSISTANCE – AUSTRALIA, 1980 TO 2010

3500

3000

2500
$M

2000

1500

1000

500

0
1980 1985 1990 1995 2000 2005 2010
CSHA CRA

Source: J Yates, Évaluating social and affordable housing reform in Australia: Lessons to be learned from
history*, International Journal of Housing Policy, Vol. 134, No2, 2013, p.115

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The McKell / ACOSS / Grattan Institute impact For analysis of the CGT impacts five timeframes should
analysis is technically misplaced because rental be considered:
markets cannot adjust in a two year period.
Grattan acknowledge the need for an
adjustment period in their analysis of the CGT 1985 – 1987 – Housing CGT change to
discount on housing prices. A key learning from deductibility of Capital Gains from labour
the McKell / ACOSS / Grattan technique is that income
impact analysis must have regard to actual 1988 – 1994 – Post stock market crash and
conditions in individual rental markets i.e. interest rate reduction from 10% to 6%
between 1985 and 1987 rents in Perth and Sydney 1995 – 2006 – Population growth. Introduction of
increased due to boom conditions and rents in GST. Interest rates decreased from 10% to 6%
other major capital cities remained stable or CGT 50% discount introduced.
dropped. 2007-2010 – GFC chaos period
2011 – 2016 – Post GFC housing boom with
interest rates reducing from 5% to 1.75%. In 2015
Data from the Australian Institute of Health and from 2011 to 2010 credit tightening on investors
Welfare indicates that from mid-2000 to mid-2007 / SMSF’s / foreign investors and increased LVR’s
rental stress for low income households reduced for owner occupier’s significantly cooling
by 25%. This data is supported by analysis in the market. Some markets (e.g. Melbourne, Perth
reform of Federation White Paper (2014) on and Brisbane CBD apartments) are significantly
housing which indicates a steep decline in rental reducing in value. Banks withdrawing FIRB
stress up to 2007 and a significant increase to funding.
2011.

This study focuses on:


From an economic perspective analysts agree
that long term policy settings which influence
The long term determinants of housing prices
demand and supply have a far more significant
and rental levels
impact on housing prices and rentals. In terms of
Analysis of the period from 1999 to 2006 in
longitudinal studies, Stapledon and the RBA have
relation to stable economic conditions
produced analysis which indicates that demand
Analysis post 2011 and the introduction of ultra-
and supply factors are far more significant than
low interest rates.
factors such as negative gearing and the CGT
discount in influencing housing and rental prices.

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2_ Long term Housing and
Rental Prices in Australia

2.1_ Introduction
An analysis by Peter Abelson et al (2005) found that
The beginning of the modern era of Australian
“real house prices are related significantly and
house price and rental change is widely
positively to real income and to the rate of inflation
considered to be 1955 (RBA Aug 2014, p.33)
as represented by the consumer price index” and
Since that time, house price growth has oscillated “are also related significantly and negatively to the
around a real long term growth rate of 3% per unemployment rate, mortgage rates, equity prices,
annum and a quality adjusted growth rate of 2.2- and the housing stock”(p.1). The changes in these
2.5% per annum. key demand and supply factors over time are the
cause of housing price change.
Though this long-term trend has remained
consistent, the cause of house price growth over Additionally, the study found no “significant
time is more complex, being an outcome of relationships between house prices and income
multiple interacting supply and demand side per capita, real or nominal interest rates, or real
factors. rental rates.” (Abelson 2005, p.12).

TABLE 4: REAL (2014) DWELLING PRICES

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2_ Long term Housing and
Rental Prices in Australia

2.2_ Introduction (cont.)


The insignificance of rental yield is of particular The Graphs below show that while rents have
note as it points to one of the most fundamental followed economic conditions over the past 20
changes to the housing market over the period – years real house price growth grew more quickly.
housing investment shifted focus to earning
through capital gains, essentially treating housing
stock as if it were an asset.
However, while housing prices took off as
speculative investment in property grew in
popularity and as household wealth and income
were also increasing over the period, rents
remained relatively flat, as demand for rentals
increased but the availability of rental dwellings
increased faster, driven by property investors.

TABLE 5: RELATIVE & RENTAL HOUSE PRICE MOVEMENTS

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2_ Long term Housing and
Rental Prices in Australia

2.3_ Short-term Disruption, Long-term Change:


Effects of the Mining boom - Demand
The mining construction boom had major effects It is important to underline that the RBA believes
on the entire Australian economy not just a few that several of the key factors that determine
mining terms. housing prices have been disrupted since the mid
2000’s, and that this disruption may have caused a
In its Research Discussion Paper “The Effect of the
one-off permanent change in long term house
Mining Boom on the Australian Economy” (August
prices, driven by an expansion of the entire
2014), the RBA discusses in detail what it believes to
Australian economy.
be the overall impact of the ‘Mining Construction
Boom’ on various metrics, notably on page 15
where it identifies that as of 2013:
The population is 1% higher reflecting the
response of net migration flows to relative
job opportunities
Employment is 3% higher reflecting higher
real wages as well as job opportunities
Real consumer wages 6% higher, and that
Household disposable income 13% higher
reflecting historically high levels of terms of
trade and national income.

Based on a counterfactual analysis i.e. what would


have occurred if the mining construction boom did
not happen

TABLE 6: EFFECTS OF THE MINING BOOM ON HOUSEHOLD INCOME

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2_ Long term Housing and
Rental Prices in Australia
TABLE 7: EFFECTS OF THE MINING BOOM ON CONSUMER PRICES – SELECTED COMPONENTS

TABLE 8: EFFECTS OF THE MINING BOOM ON UNEMPLOYMENT

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2_ Long term Housing and
Rental Prices in Australia
2.4_ Short-term Disruption, Long-term Change:
Effects of the Mining boom - Supply
While demand-side changes have perhaps played The RBA also accounts for the impacts of high rents
a larger role in housing market expansion since the and house prices on suppliers, stating that
GFC, supply in the market has proven relatively “Although high rents and house prices encourage
inelastic to this ‘surge of demand’ (p19. RBA Aug housing construction, these effects are more than
2014 The Effects of the Mining Boom on the offset by higher interest rates after 2009”. (p19. RBA
Australian Economy). Accordingly the mining boom Aug 2014)
was impacting real rental prices and vacancies in
the entire Australian economy. Thus even though demand was strong “the supply
of housing contracted compounding the
This has had the secondary effect of keeping rental downward pressure on vacancies and upward
vacancy rates much lower than they would have pressure on rents.” (p19. RBA Aug 2014)
been without the mining boom.
The paper estimates that “without the mining
The RBA also points out that this lack of a supply side boom, the vacancy rate would barely have fallen
response to demand has led to rapidly rising rental below 2% during 2006/07 and rents would have
prices in line with economic conditions. roughly kept pace with inflation”

TABLE 9: HOUSING VACANCY & RENTS

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2_ Long term Housing and
Rental Prices in Australia
2.5_ Long term Price Drivers
Three major studies have been undertaken estimating
long growth in real house price indices and the ratio of
house prices to income (Abelson, Stapledon, RBA), these
are summarised in tables, 11, 12 and 13.
These studies demonstrate that post war, housing prices
moved with general economic conditions reflecting
demand and supply until the late 1990’s when banking
deregulation occurred and economic growth in
Australia increased dramatically driven by the mining
construction boom. The increases in housing prices have
been driven by mortgage rates, supply shortages
caused by zoning and regulation, and increased wealth.
In the short to medium term economic cycles occur
which impact on housing and rental prices.
The RBA has sought to quantify some of the shorter term
factors and this is summarised in Table 10 (2014, RBA)
which demonstrates that ultra-low mortgage rates are
currently driving housing prices.

TABLE 10: CONTRIBUTIONS TO REAL HOUSE PRICE GROWTH

Source: Is Housing Overvalued RBA 2014, p. 21 Fig 4

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TABLE 11: HOUSING PRICE INDICES 1970-2003

TABLE 12: STAPLEDON

TABLE 13: REAL (2014) DWELLING PRICES

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2_ History of Negative Gearing and
capital Gains Tax

Abelson (2004, p. 9) argues “Home owners were exempt Actually, when the nominal gain is more than twice
from capital gains tax (CGT) throughout the period. the real gain (as often happens), the new CGT
Investors were also exempt from CGT up to 1985 when increases the tax liability. · Investors were allowed
the government introduced a CGT on real gains for full negative gearing rights throughout the period,
investors. In September 1999 the government replaced except between August 1985 and September 1987,
this CGT with a tax of 50% of the nominal gain. Many when negative gearing was disallowed and
people, including the Productivity Commission (2004), investors had to carry forward losses. Rental
perceived the change in 1999 to be a further subsidy to investment declined in this period”. Further Abelson
investors. (P.12 argued) (The study) found no significant
relationships between house prices and income per
capita, real or nominal interest rates, or real rental
rates.”

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Impact analysis in relation to negative gearing and
the CGT discount should focus on current market
conditions. Impacts will occur in the short to
medium term, however in the long term factors
other than negative gearing and the CGT are far
more significant in determining housing prices.
Rental prices are currently dissociated from
housing prices and impacts need to be assessed
independent of house price impacts.

The fast growth in the apartment market post 2006


particularly in CBD / Inner areas, which is
approximately two thirds investor presents a major
short term issue due to its rapid increase in price
and major dependence on high degrees of
leverage.

However, due to current policy settings restricting


Greenfield development demographic change
and changes to consumer preference, higher
density dwellings have come closer to construction
cost parity with Greenfield developments, though
at a higher price to the consumer. The result of this
is a long-term trend towards higher density
development in Australian cities, and significantly
higher proportions of household incomes devoted
to repayments on housing loans.

TABLE 14: CONSTRUCTION COSTS TABLE 15: APARTMENT & MEDIUM-DENSITY HOUSING

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TABLE 16: REPAYMENTS ON NEW HOUSING LOANS

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3_Impacts of Negative Gearing and
Capital Gains Tax Discount on Price and
Rental Levels

1. The relationship between housing prices and TABLE 17: HOUSING PRICES TO INCOME
rental levels in Australia diverges in different
time periods due to different economic
conditions, different taxation and investment
frameworks, different investor objectives and
differing renter preferences.

2. Rental levels in Australia are primarily driven by


the supply of rental stock available and the
ability of renters to pay. Investors determine the
stock of rental housing available. Consumers
(renters) determine ability to pay via the
amount of rent they are willing to pay. Rental
levels are an input, though not a particularly
significant input into housing prices in Australia,
unlike the international experience. In Australia
investors primarily seek capital gains. As rents
are determined by the dynamics of demand
supply i.e. is not responsive to changes in
and supply not the returns that owners are
demand and hence rental levels can spike
seeking.
quickly given that the available pool of rental
dwellings cannot expand quickly.
3. Rental levels in Australia post 1980’s tracked
with CPI (and below) until the mining 4. Post the 1999 Ralph Inquiry change to the
construction boom. Investment housing is an Capital Gains Tax discount1, the number of
asset with its own investment attraction and investors negatively geared increased and the
investment criteria compared with other asset number of positively geared investors remained
classes as already demonstrated in section 2 of relatively stable. It is reasonable to assume that
this report. The housing supply in Australia is the long run increase in rental (investor) stock
relatively inelastic in relation to demand to was stimulated by the 50% CGT discount given
the take up of negative gearing and parallel

1 The CGT discount was set at 50%, replacing the former


framework which indexed values. The Ralph proposal
intended to stimulate investment and to create certainty

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expansion of rental stock. This is an important boom), suggests rental levels would have
fact because the supply of rental housing tracked the CPI if the boom had not occurred.
increased from 20% to 25% of total housing (Downes P. Effect of the Mining Boom on the
stock from 1991 to 2006. Rental yields declined Australian Economy, June, 2014 RBA)
substantially and vacancy rates remained
steady through this period. 9. Unpacking rental housing supply from 1996 to
2006, then to 2011 indicates that the new
Australian Housing Model is working well by
5. The significant increase in total rental stock
world standards in terms of generating
occurred in parallel with the Ralph Inquiry 1999
affordable rental levels. The percentage of
CGT discount change but the trend supporting
households under housing stress i.e. paying
increased landlords negatively gearing was
more than 30% of gross household income in
well established in the early 1990’s. This
rent reduced by 25% in the early period. This
indicates that increasing wealth, increasing
remarkable outcome was caused by an
demand and changing consumer preferences
increase in low income housing stock and a
were more important in stimulating supply and
significant increase in household income. This
demand than the 1999 introduction of the 50%
outcome is documented by the Australian
discount alone.
institute of Health and Welfare and by Yates
(2004). Between 1996 and 2001, the income
6. The rental stock supply response
circumstances of private renter households
accommodated real demand over the period.
improved considerably, thereby bettering their
As the demographic impacts of the mining
overall ability to pay for housing (2004, p38).
construction boom receded, the number of
people negatively gearing residential property
flattened out by 2014 (see table 20). 10. The affordable rental housing supply situation
(Reynolds, Yates, 2014) in 2011, after the largest
trade episode in Australian history was still
7. The supply of rental housing was an important
remarkably robust. Estimating the rental supply
contributor to the mining construction boom.
for quintiles 1 and 2 (i.e. the lowest 40% of
Without the incentive for a significant supply,
household incomes) the authors concluded,
partly induced by the 50% CGT discount,
‘using what is in effect a cumulative shortage
important housing requirements in resource
of affordable and available stock for Q1 and
areas such as the Pilbara and Bowen Basin
Q2 households, there was a surplus of
would not have been fulfilled. The public sector
affordable dwellings nationwide of 174,000 in
failed to produce housing when it was required
2011, significantly down from 260,000 in 2006’.
and rentals of $1,500 per week for a 3 bedroom
The new Australian Housing Model was clearly
dwelling were common in the Pilbara.
working, however benefits did not accrue to
8. Capital cities also required apartments for
the lowest income households because
miners and support workers as well as
affordable dwellings were being occupied by
international students. As the RBA (June, 2014)
higher income households.
analysis has indicated the 2004-2010 mining
construction boom is the largest in Australian
11. From 2011 to 2016 rental levels increases were
history, yet the Australian housing model
modest and tracking CPI, but they were
underpinned by negative gearing was almost
however higher then wage price increases.
able to cope. RBA counterfactual analysis (i.e.
Together with a post GFC increase in
what would have occurred without the mining
unemployment housing stress for low income
P a g e | 21
rental households increased significantly so that
by 2016 around 55% of low income rental 16. The approach utilised by McKell / ACOSS /
households are in rental stress. Grattan has not been to assess the major rental
benefits in current policy setting, in particular
12. Negative gearing and the CGT 50% discount the 25% reduction in housing stress for low
were important policy settings underpinning income households to 2006. Rather each of
growth in the supply of rental dwellings and these analysts has (strangely) analysed rental
moderating growth in rental levels. Given that impacts from 1985 to 1987, when the Hawke
the 2004-2011 trade episode was the most Government restricted negative gearing so
significant in Australian history the rental market that rental losses could not be used to reduce
operated exceptionally well. tax payable on labour income, then reversed
the decision. Clearly rental supply and rental
levels have almost no chance of responding to
13. The new Australian Housing Model was
a change in tax parameters in 24 months. The
successful inducing the supply of private rental
graph utilised by Grattan is reproduced below.
housing as the supply of public rental housing
contracted.
TABLE 18: RENTS DID NOT RISE WHEN NEGATIVE
GEARING WAS REMOVED
14. Rental stress for low income households
reduced dramatically to 2006 but due to the
mining construction boom impacts on the
entire Australian economy re-emerged, by
2011 low income rental stress requires targeted
policies to find solutions. Yates (2004 and 2014)
suggests government direct investment
developing a market to enable institutional
investment (p.49) or rental regulation and/or a
reduced CGT discount. Eliminating negative
gearing would significantly increase
expenditure requirements on social housing or
increase tax expenditure on low income
housing. Neither of these budgetary costs have
The key objective of these analysts is to
been assessed in estimation of the net budget
demonstrate that negative gearing / CGT
costs of changing negative gearing / CGT
discount has no impact on the supply of rental
discount as recommended by the ALP.
housing and the price of rent. This proposition is
at odds with the facts. As the graphs indicate
15. The significant positive impacts of negative rents in capital cities moved in disparate
gearing / CGT discount are not calculated in directions. This outcome was to be expected
terms of the supply of rental housing and lower because demand and supply factors
rental costs, despite the fact that this is clearly significantly outweigh any impacts of negative
influenced by the current policy setting. The gearing / CGT discount. This should have
ALP proposed policy change does not factor in informed the current ALP proposal which is to
the costs associated with higher private rentals be implemented at a time when residential
reduced rental stock and housing markets are contracting significantly and most
displacement. CBD and Inner apartment markets are in

P a g e | 22
serious decline in terms of sales activity and to a significant increase in rental housing
price. (see Table 24) supply, supported by a change in consumer
preferences (at higher income levels) to rent
17. The Grattan Institute argues in relation to the dwellings. This reflected significant increases in
period 1985 to 1987, ‘Beyond these historical labour mobility, differing personal relationship
lessons , economic theory and empirical preferences and structures, family breakdown,
research show that negative gearing and/or increased income for young professionals and
increasing taxes on capital gains does not increased preferences to live in CBD’s / Inner
change rents much’ (p.34, 2016). This is at odds areas which increased human capital via
with the facts. The Grattan Institute analysis of increased job opportunity and increased
the impact of CGT discount argues that almost educational opportunity. These significant
100% of the increase in rental dwelling numbers benefits are reflected in very high levels of
was caused by the CGT discount. Data labour productivity in inner areas of the CBD.
analysing the period 1996-2006, i.e. pre the This needs to be considered against the tax
peak of the boom and the ensuing GFC expenditure generated by negative gearing
demonstrates that rental housing supply CGT discount.
increased and rental levels remained around
CPI. The Grattan proposition is put in the
20. Ongoing growth in highly productive services
negative i.e. removal of negative gearing /
export industries such as student housing and
CGT discount will not reduce the number of
tourism require the ongoing increase in supply
rental properties (p.34). This proposition (without
of inner city apartments. Detailed analysis by
evidence) is at odds with the long run
Dr. Peter Brain indicates that growth in the
evidence of the impacts of the 50% CGT
central city needs to keep pace with capital
discount which has contributed to a significant
cities to maintain productivity levels (ACOLA,
increase in rental stock induced by (as Grattan
2015). Important niche markets such as student
indicates) an increase in negatively geared
housing are in part driven by negative gearing.
properties almost wholly induced by the 50%
CGT discount. TABLE 19: NET IMMIGRATION

18. Grattan turn to ‘special pleading’ for their case


against the negative gearing / CGT discount.
This includes the (incorrect) statement that
negative gearing reduces rates of home
ownership (p.6, Grattan 2016) and made it
harder for owner occupiers to afford to buy
homes (p.27, Grattan 2016). In fact home
ownership remained relatively constant (68%)
and private rental dwellings substituted for the
reduction in public rental dwellings.

19. Assessing long term rental trends and likely


impacts of taxation on rental levels (Stapledon,
Abelson, RBA) analysis leads to the conclusion
that negative gearing / CGT discount has led

P a g e | 23
TABLE 20: NUMBER OF LANDLORDS BY TYPE OF GEARING, 1994-2014
Positive gearing definition: Mortgage costs < rental income
Negative gearing definition: Rental income < mortgage costs, Government refunds
disparity from taxable income

2,500,000

2,000,000

1,500,000

1,000,000

500,000

0
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
Positive Rental Income Negative Rental Income

Source: Grattan Institute (2016)

TABLE 21 & 22: RENTAL VACANCY & RENTAL GROWTH

P a g e | 24
TABLE 23: ANNUAL GROWTH IN REAL RENTS - AUSTRALIA

21. Since the post 2008-09 economic shocks, rental


vacancy rates have risen marginally (RBA 2014a,
graph 3) but, at around 2 % in 2016, whereas 3
years old include up to date data still below
what is generally regarded in Australia as a
market clearing rate (of 3%).
22. Over time, the cost of living in Australia has
increased. This uncontroversial statement is not
often viewed by the average Australian as a
problem directly affecting their wellbeing or
their lifestyle. However, a recent release
published by the Australian Bureau of Statistics
sparked both concern and debate when it
released its most recent update to its regular.
The ABS Wage Price Index showed that, in the
December 2015 quarter, Australia had endured
its lowest growth in wages since they began
recording it. Unfortunately, this new data was
just the most recent episode of a longer
downturn in wage price growth.

P a g e | 25
TABLE 24: QUARTERLY CHANGES, TREND, TOTAL HOURLY RATES OF PAY EXCLUDING BONUSES

Source: ABS Cat. 6345.0, December 2015

To put this in the context of the housing and rental markets,


data from the ABS (Cat. 4130, 2015) shows that since the
GFC, real rental costs have spiked dramatically, displaying
growth rates well above long-term trends – and the ability
of lower income household to keep up.

P a g e | 26
TABLE 25: REAL RENTAL COSTS OVER TIME (2013 / 2014 AUD)

500
450
400
350
300
250
200
150
100
50
0

Owner without a mortgage Owner with a mortgage


Private landlord

In the summary of its findings, the Rental Affordability


Index Release Report (Nov 2015) stated that “households
falling into the lowest 40% of income consistently face
severely and extremely unaffordable rents”, going on to
point out that this “is the case in all regions of Australia –
including all cities and all regional areas”. What this
effectively means is that rising rents and dropping wage
growth is having a serious impact at the margins, forcing
some people to pay as much as 60% of their earnings
towards housing.

TABLE 26: PROPORTION OF LOW INCOME HOUSEHOLDS EXPERIENCING HOUSING STRESS

60
%
50

40

30

20

10

Lowest quintile Second quintile


Third quintile ABS "Lower income households"

Source: ABS Cat. 4130, MacroPlan Estimates

P a g e | 27
This worrying trend is corroborated by ABS data – in its RBA Key house price metrics (put in a footnote):
2015 release ‘Housing Occupancy and Costs, 2013-14’
(cat. 4130) it depicts a significant increase in lower In ‘Is Housing Overvalued?’ (2015) the RBA
income households paying over 30% of their income ‘decomposes housing values into contributions
on housing costs since 2007/08. This is particularly from rents, interest rates, expected
noteworthy given that over the period the ABS has appreciation and other factors’ (p.1), though
recorded this statistic, it had until recently remained in they note that ‘given that the supply of
a narrow band between 39% and 45%, and had been housing is fixed in the short run, prices are
trending down in the long term. determined by how much buyers are willing to
pay’(p.1)
MacroPlan estimates that since 2013/14, the growth in
Source: Table 11, Abelson et al (2005), Table 12,
this metric has remained consistent, which means that Stapledon (2012)
55% of low income households are paying more than
30% of their income towards housing costs.

TABLE 27: HOME OWNERSHIP RATE

P a g e | 28
23. After 2010 there was a spike in rental levels amid
the chaos of the GFC. Rental vacancy rates
stabilised by 2016 and were beginning to
increase. This is reflected in the reduced level of
inner city apartment rental growth (which
despite being influenced by increasing numbers
of international students) demonstrated the
impact of the increasing supply of apartments.

24. By late 2015 and early 2016 the combination of


tightening credit standards (APRA) and reduced
credit to SMSF’s for residential investment, credit
growth to residential investors dropped to a 10
year low (excluding the GFC).

TABLE 28: HOUSING CREDIT GROWTH

25. Inner City apartment prices increased


dramatically post 2011 reflecting on asset
allocation preference for investors post GFC in
conjunction with a significant change in
consumer preferences to live in apartments,
and strong CBD / Inner jobs growth (health,
tertiary education, tourism) This growth in

P a g e | 29
demand outstripped supply until 2015 (see
Appendix 3) and both sale prices and rental
levels are dropping in real terms.

TABLE 29: INNER CITY APARTMENTS

Source: Financial Stability Review – April 2016

P a g e | 30
Conclusion

26. Rental levels in Australia are driven by demand


and supply not dwelling prices. As the data 27. Post 2011, population grew at historically fast
indicates the impact of negative gearing when rates (over 300,000 persons per annum) and
the CGT 50% discount was applied was to the real cash rate was negative. This fuelled
stimulate a long term increase in the supply of demand for rental dwellings with a delayed
private rental dwellings. This occurred as part of supply response and a consequent short term
the new Australian housing model as private spike in rental levels. Without negative gearing
rental dwellings replaced public rental / CGT 50% discount the supply of rental
dwellings and home ownership remained dwellings would have been considerably lower
around 68%. Analysis of the period to 2006 and a housing crisis would have emerged. As
indicates that the percentage of low income the analysis of the mining construction boom in
households in rental stress (paying more than section 2 demonstrated, without the boom
30% of gross household) reduced by over 25% rents would have been 25% lower and
in this period and by 2011 the percentage of vacancy rates would have remained about
households in rental stress was still lower than 2%.
1994. The Ralph Inquiry outcome setting the
CGT discount had clearly met its objectives.

TABLE 30: PROPORTION OF LOW-INCOME HOUSEHOLDS SPENDING MORE


THEN 30% OF GROSS INCOME ON HOUSING COSTS

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4_Impacts of Proposed Changes to
Negative Gearing and the Capital Gains
Discount on House Prices and Rental Levels
‘….changing the taxation of investment
properties could have an adverse impact in
1. A number of reform models have been
the short to medium term on the housing
proposed for negative gearing and the capital
market. As such reducing net rental losses and
gains tax discount.
capital gains concessions may in the short term
reduce residential property investment. In a
2. The Henry Tax Review (Australia’s Future Tax
market facing supply constraints, the reforms
System, 2010) recommended a comprehensive
could place further pressure on the availability
set of reforms to improve housing affordability.
of an affordable rental accommodation within
Henry found, though the reviews proposed
the private rental market. These reforms should
reforms to taxes, in particular Stamp Duty and
only be adopted following reforms to the
land tax, could play significant roles in
supply of housing and reforms to housing
addressing housing affordability, other policies
assistant’. (Authors underlining, AFTS, 2010 E4-3,
are likely to have a move pronounced impact
p2)
on the responsiveness of housing supply’.
(Australia’s Future Tax System, Final Report E4-3,
5. Three most recent reform agendas have been
1.3)
proposed changes for negative gearing and
the capital gains tax in isolation.
3. The key policies recommended by the Henry
Tax Review in relation to land and resources
6. The McKell Institute, Grattan Institute and
taxes were:
Australian Labour Party have all mistakenly
Removal of Stamp Duties
relied on a ‘Robin Hood economics’ approach
Broadening of Land Tax
i.e. taking from the ‘rich’ and giving to the
Reform of the CGT discount to reduce
‘poor’ to tax reform, rather than focusing on
deductibility of 100% of net income from
tax efficiency. This type of approach as the
property investment to 60% and reduction
Henry Tax Review (2010) indicated is likely to
of the capital gains discount from 50% to
cause significant short term impacts on housing
40%.
and rental levels. In 2015, the RBA also argues
that change to negative gearing / CGT
4. The Henry Review set the key objectives of the
discount should not occur in isolation from
reform package to improve housing
other taxes.
affordability, responsiveness of supply and to
tax rental investment in a way more consistent
with other forms of investment. The ‘package’ 7. The failure of McKell, Grattan and the ALP to
of reforms approach was a critical element of argue for the broader policy context is
the proposed policy reform. Critically the Henry surprising. The Grattan 2015 Property Taxes
Review argued report recommends a broad based property
levy to be implemented by the states to collect
$7 billion annually. Grattan note that (p4, 2015)

P a g e | 32
‘The Commonwealth Treasury’ nominates Further Grattan argue that stamp duty reform is
Stamp Duty as Australia’s least efficient tax. The a ‘game changer’ (2015 p.33-35 and p.67
proposed broadly based property tax ‘might’ Game-Changers: Economic Reform priorities
provide a pathway for eventual’ abolition of for Australia), yet negative gearing / CGT
State Stamp duties (2015, p.4) and should have discount was not2 identified as a game-
formed part of the Grattan (2016) proposal to changer.
change negative gearing / CGT discount.
8. Instead of proposing a widely acknowledged
TABLE 31: PROPERTY TAXES ARE ONE OF THE FEW requirement for comprehensive reform McKell,
‘GROWTH TAXES’ Grattan and the ALP focus on the tax
‘beneficiaries’ i.e. the income profile and
extent of tax benefit accruing to each income
level. The Ralph Inquiry objective (1999) was to
stimulate capital expenditure. The surprise in
the analysis of is not the fact that those with
capital will spend it to secure a capital gain as
anticipated by Ralph. The real surprise is the
large number of individuals around the $80,000
income level taking advantage of the
discount.

9. The Grattan Institute reform proposal is as


follows:

TABLE 32: SOME TAXES DRAG LESS ON Reduce the CGT discount for individuals

ECONOMIC GROWTH THAN OTHERS and trusts to 25%


o Phase in a 25% discount over five years
through reducing the value of the CGT
discount by 5 percentage points each
year
Limit negative gearing. Quarantine passive
investment losses so they can only be
written off against other investment income
o Do not allow losses on passive
investments to be written off against
unrelated labour (wage and salary)
income.
o Allow losses on passive investment to be
written off against all current year and
future positive investment income,
including interest, rental income and
capital gains.

2 Grattan (2015 Game-Changers p.67 modelled the impact of increase of $5M. The criteria for game-changers (p.62) are the
replacing Stamp Duty with land tax and estimated a GDP size of the opportunity and confidence in change.
P a g e | 33
o Continue to allow losses from impact on rent is estimated despite
unincorporated business – sole traders acknowledging that (p.34, footnote 111) a
and partnerships – to be written off sharp increase in rentals could occur in
against wage and salary income, the short term. Given that over 1 million
subject to current restrictions. negative gearing landlords must exit over
o Do not create other exceptions such as the next ten years as the ground furthered
allowing the write-off of losses up to a properties become positively geared and
limit, on one or two properties, or on new as landlords buy new stock significant
properties. impacts on private rental levels is assured.
o Phase in over five years by reducing the
proportion of losses that can be written
Applying Abelson + Joyeux parameters (10%
off against wage and salary by twenty
increase in tax on rental incomes would lead to a 7
percentage points each year.
percent increase in rents) to Grattan ((2016) Box 6
In the longer term, aim to align the tax
p.32 Calculations) theoretically short term rents
treatment across different types of savings
would increase by 4.5% to 5.5%. We note that the
o Reduce taxes on other savings income
Grattan arithmetic appears incorrect and that
such as net rental income and bank
MacroPlan calculations utilising a discounted cash
deposits so as to align with the tax
flow model and all Grattan parameters suggests
treatment of capital gains
that future return would be 8.7% lower (versus 6.3%
o Reduce and target the tax incentives for
p.32). Further the Grattan analysis and arithmetic
superannuation in line with the
relating average return to average price of 2.2%
recommendations in Grattan’s Super Tax
excludes established dwellings (70% of the
targeting report
number). In reality if the Grattan assumption are
correct the weighted average price decrease of
Grattan estimate that in implementing their reform: rental dwellings would be 6.7%.
Reducing the capital gains discount would
raise about $3.7 billion per annum 10. Grattan acknowledge the Henry Tax Review
Non deductibility of investment income is but fails to acknowledge the risks identified in
estimated to raise $2 billion per annum that work in relation to short term impacts on
reducing it to $1.6 billion housing supply and rental levels. Grattan do
Grattan do not estimate costs of their not analyse the current negative state of the
proposed reforms in terms of additional residential markets, significant reductions in the
rental levels, additional Commonwealth price of apartments in CBD’s and the imminent
Rental Assistance stress, additional reduction in residential construction activity.
expenditure on social housing due to a Grattan argues that ‘There is little evidence
reduced rental pool, the cost of social that negative gearing has the socially desirable
dislocation, the impact of moving outcome of reducing rents…’(p.27 2016).
households from rental liked areas with
jobs, public transport, schools and 11. The ALP reform proposal is specifically rejected
community facilities and so on. by Grattan, who argue that (p.2) restricting
Grattan estimate a small reduction (2%) in negative gearing to new properties would
house prices. This could be considered a improve the current regime, but would leave
negligible contribution to affordability. In too many problems in place and introduce
the short term no impact on rent is unnecessary distortions.
forecast and no estimate of long term

P a g e | 34
Housing Affordability3). The PBO has not
published this analysis. According to the ALP
12. The ALP proposal is as follows: document the PBO estimate improves budget
revenue by $565 million over the forward
Negative Gearing
estimates (i.e. to 2018-19) and $32.1 billion over
Labor will limit negative gearing to new housing
a decade. Further the ALP document suggests
from 1 July 2017. All investments made before
that ‘….independent analysis from the McKell
this date will not be affected by this change
Institute estimates that these policy settings
and will be fully grandfathered.
would result in an additional 25,000 jobs. (ALP,
This will mean that taxpayers from 1 July 2017
7/5/2016 p.13).
will continue to be able to deduct net rental
losses against their wage income, providing the
14. The ALP policy framework is similar to the
losses come from newly constructed housing.
McKell (2015) scenario 4 (p. 9) which (p. 28)
From 1 July 2017 losses from new investments in
suggests that a ‘plausible 10% increase’ in the
shares and existing properties can still be used
185,000 homes currently required and overall
to offset investment income tax liabilities. These
this would add $45 billion to GDP. This is a
losses can also continue to be carried forward
misunderstanding of supply and demand
to offset the final capital gain on the
versus tenure. No new jobs will be generated
investment.
because as this study has demonstrated total
dwelling numbers depend on a demand /
supply balance in the long run.
Capital Gains Tax
Labor will halve the capital gains discount for
all assets purchased after 1 July 2017. This will 15. The McKell (2015) study attributed budget

reduce the capital gains tax discount for assets benefit is $29.3 billion compared with the ALP

that are held longer than 12 months from the policy of $32.1 billion.

current 50% to 25%.


All investments made before this date will not 16. The key facts to assess in terms of economic

be affected by this change and will be fully impacts are as follows:

grandfathered. Timing
The introduction of the new negative gearing
This means that from 1 July 2017: provisions and CGT discount reduction is initiated
Negative gearing of labour income will on 1 July 2017. The Parliamentary Budget Office
only apply to new dwellings analysis indicates minimal budget revenue impact
The Capital gains tax discount for new by July 2018, yet significant price impacts for off the
dwellings will reduce from 50% to 25% plan (OTP) purchases would occur from July 2016 if
the ALP were elected. It is critical to understand

13. According to the ALP policy document the current market conditions to assess short term

Parliamentary Budget Office ‘…..assumes that impacts on the housing market given that the

following the changes, negatively geared Australian housing market has peaked and is

investment in new dwellings will almost double deteriorating.

(download 7/5/2016 ALP Positive Plan to Help


Impacts

3There are no reliable estimates of the actual number of This is explained in detail by the RBA (2015) Submission to the
negatively geared dwellings actually constructed annually. Inquiry into Home Ownership p. 17-21.
P a g e | 35
Lack of ALP policy specification (what is defined as
new?) will create market indecision. 19. The shift in the public sector from direct
Market instability post July 2016 will occur as provision of public housing to Commonwealth
investors seek to understand the resale price of Rental Assistance for private renters became
existing assets that have been negatively geared an increasingly important issue in mid-1980’s.
and the impact of ‘off the plan’ purchases that This puts into context the perceived problems
have been committed but not yet settled. For with Hawke Government elimination of
example Melbourne CBD apartment prices have negative gearing against wage income and
already dropped by 12% on average on the first the view (partly true) that this policy change
resale. The loss increases to 17% for FIRB purchasers. had caused a rental crisis.
The market distortions created by focusing policy
on ‘new’ dwellings is likely to follow three phases. 20. The proposed ALP negative gearing / CGT
Initially investor demand will soften as both investors discount policy framework will have major
and financiers seek to understand price impacts on economic and equity impacts on low income
the first resale. It is likely that credit will tighten renter households.
(higher LVR requirements) as financiers seek to
avoid ‘negative equity’ outcomes. The second
21. The reduction in the number of landlords
phase will occur when the impacts of resales
negative gearing and utilising the 50% discount
pursuant to the new policy actually occurs. The
for wage income under the current framework
third phase will occur when a new market
of retention and purchase will, based on Wood
equilibrium is established and a new market
and Ong research (2011)4 reduce from 1.3
structure evolves.
million to 287,000 within 10 years i.e. over 1
million less negative gearing landlords. . Utilising
17. The key points to make are that the proposed
Grattan institute assumptions, based on 80%
policy changes will have a negligible impact
negative gearing and 47% marginal tax rate
on housing affordability and will accentuate
with 3% nominal income return and 5% nominal
the steep decline in residential construction
capital gain, properties typically become
already underway. This means that no
positively geared in approximately 12 years.
additional jobs will be created in the short term
(or long term). In addition rents will rise.
22. This reduction in negative gearing landlords
represents just under half of the 2.25 million
18. It is likely that ‘chaotic’ marketplace conditions
renting households in 2013/14 (ABS).
will prevail as the proposed ALP policy is
specified, financiers understand likely resale
price movements and some investors transfer
23. Based on estimates of Abelson & Joyeux (2006)
purchasing from established to new dwellings.
that a 10% increase in costs will lead to a 7.0%
Given the sharp reductions in ‘off the plan’
increase in rents then rents for 1.01 million
resale values market adjustments and
dwellings will increase over this period before a
stabilisation will occur slowly.
new equilibrium in a highly distorted market is
reached.5 In total based on the Abelson &

4
This is based on the Wood + Ong (2011) research which 5Utilising for consistency the Grattan Table 1 calculations, the
shows that a typical landlord would have a 47% probability pro rata drop in returns for negatively geared properties is
(p.29) of retaining a property over a 4 year period. It also around 12.6% and 6.8% for positively geared properties. This
accords with the work of Seelig Et.al. (2009) that indicates a implies a 8.8% increase in rentals for negatively geared
high degree of investment irrationality is exhibited by private properties
rental landlords.
P a g e | 36
Joyeux calculation rents rise by 8.8% for $0.4 billion per annum in operating costs
negatively geared properties. This equates to to support the additional social housing8
$1720 per dwelling or $1.7 billion per annum. $0.4 billion per annum in Commonwealth
Rental Assistance acknowledging the
24. In addition to the real rental losses there will be historically high levels of rental stress (50.1
a requirement to build additional social % of low income households (2013/14)
housing. Based on the Abelson and Joyeux using the new ABS definition) and the
(2006) estimates a 9.1% reduction in the supply criticality of an equitable housing
of rental dwellings will occur. This would outcome.
translate into 205,000 dwellings being removed
from the low income rental housing stock. The 27. In total $5.0 billion in costs would be generated
ALP proposal retains negative gearing / 25% for the Australian economy with $3.3 billion
CGT discount for new dwellings which will direct expenditure from the Australian
moderate this impact. It is however, particularly Government.
having regard to the extreme levels of housing
This compares to the average $3.2 billion per
stress and historically high waiting lists for public
annum revenue estimated by the Parliamentary
housing to assume that at least 50,000
Budget Office.
additional dwellings for public rental be
provided (16% increase). This would equate to
28. The costs of market instability and market
$2.5 billion per annum over 10 years in capital
distortions will be high compared to the
costs. According to the Productivity
estimated average revenue impact. The PBO
Commission6 this will add $0.4 billion per annum
revenue estimates exclude:
in operating costs.
Higher rental levels paid by low income
renters

25. In addition Commonwealth Rent Assistance Higher dwelling prices in areas with

should be adjusted on a one-off basis by 8.8% limited new build opportunities as owner

(Currently $4.4 billion per annum). This would occupiers compete with a larger pool of

add $400 million per annum to achieve negative gearing landlords seeking new

minimum housing equity outcomes. dwellings


Even more focus on properties which are

26. Costs to be directly borne can be summarised likely to generate a capital gain due to

as follows7: the lower CGT discount. This is likely to

$1.7 billion per annum in additional rental attract investment in higher quality

costs properties in deep markets. The major

$2.5 billion capital costs per annum in impact will be smaller markets, and

additional social housing due to the regional areas which have a shallow

reduction in rental dwelling numbers and pool of buyers where impacts will be

acknowledging the historically high accentuated

160,000 people on public housing Higher levels of rental stress for low

waiting lists (AIHW, 2014) income renters as higher income renters


‘crowd out’ lower income renters for

property purchased after July 1, 2017 this is a reasonable


7A ten year time for market equilibrium to be re-established is assumption.
assumed. Given the distortionary nature of proposed ALP 8 2015 Report on Government Services 17.26 The annual

policy Framework particularly in relation to resales of new operation costs per dwelling is $8101
P a g e | 37
lower rent dwellings. This will occur at a Tax Review, the RBA and the Grattan Institute
time of extreme housing stress and will recommendations in that:
generate demand for increased levels of Reforms to negative gearing / CGT
social housing and significant increases discount can cause short term
in Commonwealth Rent Assistance reductions in residential property
Geographically, lower income investment. In a market facing supply
households will be forced to shift from constraints, reforms could place further
established areas with jobs, facilities and pressure on the availability of affordable
public transport to outer fringe areas with rental accommodation within the
lower rent new housing. This situation is private rental market. Those reforms
likely to be untenable and generate therefore should only be adopted
demand for better located public following reforms to the supply of housing
housing. and reforms to housing assistance (p. 2/3
Increased levels of social dysfunction on E4-3 Australia’s Future Tax System 2010)
the urban fringe and RBA (2015 Submission to the Inquiry
Increased carbon footprint for low into Home Ownership p. 23). This is
income and renters as affordable private precisely the situation in Australia today –
rental stock which is negative geared is the ABS broad definition of low income
increasingly located on the urban fringe. households in stress is historically high at
just over 50% of low income households.
Grattan absolutely cautioned against
29. The real budget costs of the ALP policy
restricting negative gearing to new
platform are significantly higher than the
properties which although they argue
revenue gains.
would ‘improve the current regime’,
because nevertheless it would leave too
30. The claimed increase in construction
many problems in place and introduce
employment of 25,000 jobs is incorrect. Job loss
unnecessary distortions (Hot Property,
will occur in the short term as the Australian
2016 p. 2)
Industry Forum forecasts indicate (see
32. It is likely that residential market chaos will be
Appendix 2). In the medium to long term
created by the proposed ALP negative
demand and supply conditions will dictate
gearing / CGT policy framework over the next
housing completions. This means that total
24-36 months. Given the current contractionary
employment in the residential sector can only
phase of residential markets occurring in
be ‘brought forward’ by taxes and incentives.
parallel with historically high levels of rental
For example First Home Owner Scheme
stress and historically high public housing
incentives have largely been abandoned
waiting lists there is a high probability that the
because that cause short term spikes in
proposed negative gearing / CGT discount
demand and price but in the medium term
policy framework will be quickly discarded by
demand from owner occupiers and renters is
the ALP when the severity of the impacts are
driven by population growth and household
understood. This is consistent with the
formation.
experience of the Hawke Government reforms
which lasted only from 1985 to 1987.
31. The proposed ALP negative gearing / CGT
discount should have had regard to the Henry

P a g e | 38
5_The Residential Market Downturn
1. The residential construction market is and a major banking crisis. By contrast, the falls
influenced by a number of demand and in the 2000’s were slight and temporary as the
supply factors. In the long run Stapledon has boost to the economy from the resources
demonstrated that the relationship between boom, which began in the mid 2000’s,
growth in adult population (which drives appeared to offset the Global Financial Crisis
household formation) and growth in housing of 2008’. (Stapledon 2012, p. 294)
stock has a strong relationship and can help
explain many housing boom and busts.
3. In 2016 we have a combination of factors in
Stapledon (2012) makes the point that,
place:
‘housing downturns have frequently preceded
Reducing population growth rates
and ‘been a major cause of recessions’.
Significant reduction in investor purchasing
(Stapledon, N. Trends and Cycles in House
of dwellings
Prices, 2012 Australian Economic History
Ultra-low interest rates
Review). This relationship is documented in
Dwelling completions forecast to contract
Table 29 which indicates that the rate of
in the next 12 to 24 months
growth in adult population and dwelling stock
Major reductions in lending to overseas
is converging.
investors
Sales periods for new inner city apartments
2. The current cyclical position of the Australian
extending significantly
economy can be described as fragile. For
Median prices in CBD apartments in
example Stapledon has concluded that ‘the
Sydney, Melbourne, Brisbane and Perth
two key cycles in Australian housing are the
declining
boom-bust cycle of the 1880’s and 1890’s and
Banking sector profits and shares are under
the boom of the late 1990’s and 2000’s. In the
pressure
latter cycle, real house prices rose by 88 % in
Sydney and 161% in Melbourne compared with
32 and 64%, respectively in the 1880’s. The
1890’s saw price declines of 36% and 51% in the
two markets and sharp decline in housing
activity, a depression in the broader economy

P a g e | 39
TABLE 33: Annual growth rates in adult population and housing stock

Source: Stapledon, Housing Related Data, Adult population is persons 20+ years.
technology, information technology and
4. The forecast contraction in residential professional services.
construction by the Australian Construction
Industry Forum is based on the current policy 6. The ALP negative gearing / CGT discount will
mix for negative gearing and CGT discount create significant disruption in the market due
currently in place. The new policy mix to the ‘off the plan’ apartment ‘resale cliff’.
proposed by the ALP will not have a significant Retailed analysis of genuine resales in
impact on this contraction because in terms of Melbourne CBD, Southbank and Docklands
total dwelling construction domestic residential utilising resales for apartments within towers
investment purchases are likely to track down predominantly less than three years old
from 35% to 25% as a result of more stringent indicates that the first resale on average is 12%
credit requirements. The more significant below the ‘off the plan’ price. A large
decline in owner occupier demand will percentage of the sales (around 20%) are 15%
continue to drive contraction in residential to 25% lower than the ‘off the plan’ price. This
dwelling construction. means that a very high percentage of equity
(the initial deposit) is wiped out thus exposing
5. The Australian Construction Industry Forum financial institutions to losses if prices further
(May 12, 2016) is forecasting a 5% reduction in reduce. (see Appendix 1)
total residential construction to 2018/19 and a
10% reduction in apartments/units (i.e. New
7. Focusing negative gearing / CGT discount on
Other Residential). Sydney and Melbourne are
new dwelling construction will accentuate the
both forecast to experience contractions in
‘resale price cliff’ as on the one hand negative
residential building of 5% to 10%. This is
gearing investors seek new stock, thus pushing
particularly significant because Sydney and
up prices. On resale these dwellings will be sold
Melbourne are the meter of growth in the
into a market which cannot negatively gear.
exportable ‘services’ sectors i.e. tourism,
Depending on gearing assumptions this would
international education, fintech, medical

P a g e | 40
increase the ‘resale price cliff’ by a further 5%
to 8% over the current average loss for off the 9. The ALP proposed policy framework would
plan sales i.e. the ‘resale price cliff’ would be of create chaos in the Melbourne, Sydney,
the order of 17% to 20%. Brisbane and Perth apartment markets.

Financial institutions as a result will increase Considering the following factors:


loan to value ratios to 25% to 30% to reduce
exposure to potential losses. This will reduce The historically significant top end nature of
demand for negative gearing in due to lack of the residential price cycle
capital available to make a deposit and also The pending contraction in the residential
reduce the benefit of negative gearing due to construction sector
lower losses to write off and also due to the Significant contraction in credit to investors
CGT discount being reduced to 25%. Significant contraction in credit to overseas
investors
8. Apartment markets throughout Australia have Pressure on banking shares and banking
declined dramatically in the number of sales profits
(e.g. Sydney down 46%, Brisbane down 38%, Market confusion from developers and
Perth down 46%) and median prices have purchasers.
turned negative (see Appendix 3). Sydney had
the first monthly median price drop in eleven
Risks to market stability and volatility in the short
quarters in March 2016, and year on year,
term are significantly higher changing the
median prices are down 11% in Brisbane from
current policy setting rather than remaining
the peak (September 2014) and down 29% in
with the current policy setting.
Perth from the peak (June 2013, see Appendix
3). Apartment markets could be described as
being in the early stages of ‘bust’ conditions.

P a g e | 41
Appendix 2
Residential Building Forecasts

Source: Australian Construction Industry Forum May 2016

P a g e | 43
ACIF RESIDNETIAL CONSTRUCTION FORECASTS MAY 2016

P a g e | 44
Appendix 3
Sales Activity Levels and Median Price Movements Sydney, Brisbane, Perth and Melbourne:
CBD & Inner Area (2011 – 2016)

Source: Core Logic

P a g e | 45
City of Sydney

Number of Median
Year Period Land Use Sales Sale
Mar-11 2011 Mar RESIDENTIAL STRATA UNITS 1478 $585,000
Jun-11 2011 Jun RESIDENTIAL STRATA UNITS 1784 $577,100
Sep-11 2011 Sep RESIDENTIAL STRATA UNITS 1633 $580,000
Dec-11 2011 Dec RESIDENTIAL STRATA UNITS 1773 $575,000
Mar-12 2012 Mar RESIDENTIAL STRATA UNITS 1145 $600,000
Jun-12 2012 Jun RESIDENTIAL STRATA UNITS 2045 $595,000
Sep-12 2012 Sep RESIDENTIAL STRATA UNITS 1414 $615,000
Dec-12 2012 Dec RESIDENTIAL STRATA UNITS 1851 $630,000
Mar-13 2013 Mar RESIDENTIAL STRATA UNITS 1595 $623,000
Jun-13 2013 Jun RESIDENTIAL STRATA UNITS 1853 $650,000
Sep-13 2013 Sep RESIDENTIAL STRATA UNITS 2397 $690,000
Dec-13 2013 Dec RESIDENTIAL STRATA UNITS 1988 $681,000
Mar-14 2014 Mar RESIDENTIAL STRATA UNITS 1596 $695,000
Jun-14 2014 Jun RESIDENTIAL STRATA UNITS 1548 $700,000
Sep-14 2014 Sep RESIDENTIAL STRATA UNITS 1563 $738,500
Dec-14 2014 Dec RESIDENTIAL STRATA UNITS 1579 $745,000
Mar-15 2015 Mar RESIDENTIAL STRATA UNITS 1441 $770,000
Jun-15 2015 Jun RESIDENTIAL STRATA UNITS 1465 $810,000
Sep-15 2015 Sep RESIDENTIAL STRATA UNITS 1483 $832,000
Dec-15 2015 Dec RESIDENTIAL STRATA UNITS 1197 $825,000
Mar-16 2016 Mar RESIDENTIAL STRATA UNITS 784 $785,000

P a g e | 46
Inner Brisbane

Number of
Year Period Land Use Sales Median Sale
2011 Mar BUILDING UNITS (PRIMARY USE ONLY) 360 $445,250
2011 Jun BUILDING UNITS (PRIMARY USE ONLY) 500 $441,125
2011 Sep BUILDING UNITS (PRIMARY USE ONLY) 442 $442,250
2011 Dec BUILDING UNITS (PRIMARY USE ONLY) 554 $418,220
2012 Mar BUILDING UNITS (PRIMARY USE ONLY) 544 $427,250
2012 Jun BUILDING UNITS (PRIMARY USE ONLY) 597 $453,500
2012 Sep BUILDING UNITS (PRIMARY USE ONLY) 648 $455,000
2012 Dec BUILDING UNITS (PRIMARY USE ONLY) 579 $449,000
2013 Mar BUILDING UNITS (PRIMARY USE ONLY) 559 $456,500
2013 Jun BUILDING UNITS (PRIMARY USE ONLY) 750 $460,750
2013 Sep BUILDING UNITS (PRIMARY USE ONLY) 842 $463,750
2013 Dec BUILDING UNITS (PRIMARY USE ONLY) 726 $479,500
2014 Mar BUILDING UNITS (PRIMARY USE ONLY) 628 $499,500
2014 Jun BUILDING UNITS (PRIMARY USE ONLY) 678 $514,950
2014 Sep BUILDING UNITS (PRIMARY USE ONLY) 678 $515,000
2014 Dec BUILDING UNITS (PRIMARY USE ONLY) 496 $483,750
2015 Mar BUILDING UNITS (PRIMARY USE ONLY) 500 $480,000
2015 Jun BUILDING UNITS (PRIMARY USE ONLY) 541 $499,000
2015 Sep BUILDING UNITS (PRIMARY USE ONLY) 517 $495,000
2015 Dec BUILDING UNITS (PRIMARY USE ONLY) 488 $473,500
2016 Mar BUILDING UNITS (PRIMARY USE ONLY) 310 $458,750

P a g e | 47
Inner Perth

Year Period Land Use Number of Sales Median Sale


2011 Mar RESIDENTIAL 129 $465,000
2011 Jun RESIDENTIAL 150 $453,000
2011 Sep RESIDENTIAL 122 $440,000
2011 Dec RESIDENTIAL 123 $425,000
2012 Mar RESIDENTIAL 163 $449,000
2012 Jun RESIDENTIAL 145 $455,000
2012 Sep RESIDENTIAL 140 $460,000
2012 Dec RESIDENTIAL 147 $447,000
2013 Mar RESIDENTIAL 169 $510,000
2013 Jun RESIDENTIAL 216 $632,500
2013 Sep RESIDENTIAL 149 $475,000
2013 Dec RESIDENTIAL 160 $540,000
2014 Mar RESIDENTIAL 143 $501,250
2014 Jun RESIDENTIAL 146 $500,000
2014 Sep RESIDENTIAL 156 $492,500
2014 Dec RESIDENTIAL 137 $500,000
2015 Mar RESIDENTIAL 150 $540,000
2015 Jun RESIDENTIAL 112 $495,000
2015 Sep RESIDENTIAL 94 $470,000
2015 Dec RESIDENTIAL 86 $501,000
2016 Mar RESIDENTIAL 82 $491,500

P a g e | 48
Inner Melbourne

Number of Median
Year Period Land Use Sales Sale
Res Company Share Unit (within multi-storey
2011 Mar Dev) 1009 $490,000
Res Company Share Unit (within multi-storey
2011 Jun Dev) 1305 $515,000
Res Company Share Unit (within multi-storey
2011 Sep Dev) 1569 $511,000
Res Company Share Unit (within multi-storey
2011 Dec Dev) 1357 $487,000
Res Company Share Unit (within multi-storey
2012 Mar Dev) 991 $511,000
Res Company Share Unit (within multi-storey
2012 Jun Dev) 1178 $517,000
Res Company Share Unit (within multi-storey
2012 Sep Dev) 1132 $486,250
Res Company Share Unit (within multi-storey
2012 Dec Dev) 1067 $502,000
Res Company Share Unit (within multi-storey
2013 Mar Dev) 1092 $505,000
Res Company Share Unit (within multi-storey
2013 Jun Dev) 1271 $505,000
Res Company Share Unit (within multi-storey
2013 Sep Dev) 1175 $508,000
Res Company Share Unit (within multi-storey
2013 Dec Dev) 1053 $500,000
Res Company Share Unit (within multi-storey
2014 Mar Dev) 882 $498,000
Res Company Share Unit (within multi-storey
2014 Jun Dev) 1127 $529,000
Res Company Share Unit (within multi-storey
2014 Sep Dev) 921 $500,000
Res Company Share Unit (within multi-storey
2014 Dec Dev) 766 $509,750
Res Company Share Unit (within multi-storey
2015 Mar Dev) 776 $510,000
Res Company Share Unit (within multi-storey
2015 Jun Dev) 858 $503,750
Res Company Share Unit (within multi-storey
2015 Sep Dev) 750 $500,000
Res Company Share Unit (within multi-storey
2015 Dec Dev) 665 $515,000
Res Company Share Unit (within multi-storey
2016 Mar Dev) 430 $462,750

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