Legal news
This is our fourth article on the draft legislation for the new Div 296. Our first article examined the core legislation; our second article examined the transitional rules and the third article considered the problem that arises for indirect assets. This article will examine other issues with the proposed new Div 296.
This is our third article on the draft legislation for the new Div 296. Our first article examined the core legislation; while our second article examined the transitional rules. This article will examine how Div 296 will operate for indirect assets – for example where an SMSF holds assets via a unit trust or a company.
This is our second article on the draft legislation for the new Div 296. Our first article examined the core legislation. This article will examine the transitional rules including the CGT adjustment and two rules that just apply for the 2026/27 year.
Treasury released its draft legislation on 19 December 2025 for the new Div 296 and at the time of writing this article the draft legislation was open for consultation (closing 16 January 2026).
