Background On 13 October 2025, Treasury announced changes to the proposed ‘Better Targeted Superannuation Concessions (BTSC). These proposed laws, typically referred to as the Division 296 (Div 296) tax will be inserted in the Income Tax Assessment Act 1997 (Cth) (ITAA). On 14 October 2025 a Fact Sheet providing more information on these changes was [read more]
Introduction The proportioning rule provides that the tax free and taxable components of a superannuation benefit are deemed to be paid in the same proportion as the tax free and taxable components of the member’s superannuation interest. This rule is contained in s 307-125 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997). This [read more]
The trustees of self managed superannuation funds (SMSFs) must be aware of the non-arm’s length income (NALI) provisions and how they interact with other areas of tax and superannuation law. Part 4 of this series considers NALI interactions with contributions and the capital gains tax (CGT) provisions. Contributions and NALI Despite the recent changes to [read more]
Division 296 first floated in March 2023 A report on the proposed Division 296 tax, being an additional 15 per cent tax to future earnings of member balances above $3 million from 1 July 2025, was released by Treasury on 2 March 2023 titled ‘Impact Analysis Better Targeted Superannuation Concessions’ (Report). The Report examined how [read more]
Freedom of Information (FOI) laws provides individuals and private entities with powerful rights to access information held by government bodies. This article considers a taxpayer’s rights to make an FOI request to obtain information from the ATO in respect of their tax affairs. We discuss who can and how to lodge a request, the likely [read more]
The recent Federal Court decision in Simpson v Taylors Business Pty Ltd [2025] FCA 835 involved a company director seeking leave to personally represent the company in ongoing proceedings. The case highlights several factors the Court considered in declining to dispense with the general requirement under the Federal Court Rules that corporate parties are legally [read more]
This article focuses on when a non-arm’s length general expense (General NALE) in a self managed superannuation fund (SMSF) will give rise to a non-arm’s length income (NALI). This Part 3 examines General NALE found in subsections 295-550(8) and (9) of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997). Parts 1 and 2 and related articles are [read more]
The recent Court of Appeal decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 (Oliver Hume) has highlighted potential implications for investors that invest in companies and/or unit trusts that invest in property. his article examines the Court of Appeal decision and implications [read more]
There are number of ways in which self managed superannuation funds (SMSFs) can receive non-arm’s length income (NALI). Part 2 of this 3-part series examines some of the oft overlooked NALI provisions, including dividend NALI found in s 295-550(2) and (3), non-fixed trust NALI found in s 295-550(4) and fixed trust entitlement NALI found in [read more]
This webinar aims to be the most comprehensive* session regarding whether to make an SMSF pension reversionary or not. Previously, due to the TBC regime, there has been a preference to make pensions reversionary. However, with the potential Division 296 ($3M+) tax regime, some clients might now want to change to non-reversionary SMSF pensions. The [read more]
