Yesterday, the High Court handed down its decision in FCT v Bendel [2026] HCA 18. FCT v Bendel [2026] HCA 18 represents the ATO’s appeal of a 2025 decision of the Federal Court of Australia (Full Court) of the same name. Last year, we considered the impact of the 2025 decision. Accordingly, now, we want [read more]
Lin v Yim & Anor [2026] QSC 57 – when superannuation benefits cease being ‘super’ The recent Queensland Supreme Court decision in Lin v Yim & Anor [2026] QSC 57 highlights the importance of properly integrating SMSF succession with broader estate planning. This case involved an SMSF member who, shortly prior to death, implemented an [read more]
With Div 296 now commencing from 1 July 2026 many advisers and trustees are asking us: ‘Do I need to update my deed?’. As usual, the answer is not straightforward. What is Div 296? Generally speaking, tax outcomes for an SMSF are driven by the relevant legislation and regulations, with the deed having a more [read more]
One of the most significant tax concessions available to SMSFs is the exemption for income derived from assets supporting retirement phase pensions. Exempt current pension income (ECPI) can substantially reduce or eliminate the tax payable by a fund once members commence retirement phase income streams. However, the ECPI framework is often misunderstood. Advisers must navigate [read more]
The Payday Super (PDS) regime requires employers to pay superannuation guarantee (SG) contributions at the same time as they pay salary and wages from 1 July 2026. Further, these SG contributions must be received by the relevant superannuation fund within 7-business days. This article focuses on the key risks and considerations for employers who make [read more]
The ATO’s Practical Compliance Guideline, PCG 2026/1 – Payday Super: first year ATO compliance approach (the PCG) provides no real comfort for employers who do not comply with the strict provisions and time frames of the law. A legislative transitioning rule is needed that provides legal protection to employer’s. The ATO acknowledges in the PCG [read more]
From 1 July 2026, the Payday Super regime will be in effect and will require employers to pay superannuation guarantee (SG) contributions at the same time as they pay salary/wages (Payday Super). Payday Super replaces the current requirement to pay SG quarterly where employers have had 28 days from the end of each quarter to [read more]
Many SMSF clients want to understand how the new Division 296 tax might work. We have found that it can be difficult to succinctly communicate this in practice. However, we hope we can provide a helpful tool! The tools are the following formulas. These formulas provide a succinct summary of how the new tax might [read more]
The Treasury Laws Amendment (Better Targeted Superannuation Concessions) Bill 2025 was released on 19 December 2025 for members with superannuation balances over $3 million. The closing date for feedback on the revised exposure draft legislation was 16 January 2026 and The Tax Institute made a comprehensive submission on the revised provisions. The revised provisions include [read more]
From 1 January 2026, significant changes to the vacant residential land tax (VRLT) will take effect. This article will cover both the legislative changes as well as updated revenue rulings and Treasury guidelines on the VRLT. VRLT on unimproved land Broadly, for VRLT to be imposed, land must satisfy the definition of ‘residential’ and ‘vacant’ as [read more]
