Sladen Thoughts

Stay up to date with Legal Industry news and updates. Sladen Legal provide regular updates on changes and news in the Australian Legal Industry.

If you are looking for our papers and journal articles including Taxation in Australia, The Tax Institute and SMSF Association, these are available in our Sladen Smart Membership Platform, become a member or login to gain exclusive access.

Publications

Phil Broderick 12/2/26 Phil Broderick 12/2/26

Div 296 legislation introduced to Parliament – what are the key changes

The Div 296 bill was introduced to parliament on 11 February 2026. So what were the changes from Treasury’s draft legislation? For a summary of the draft legislation see our articles – part 1, part 2, part 3 and part 4.

Phil Broderick 27/1/26 Phil Broderick 27/1/26

The new Div 296 draft legislation - Part 4 - issues identified with the new provisions

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.

Phil Broderick 22/1/26 Phil Broderick 22/1/26

The new Div 296 draft legislation - Part 3 - the big problem with indirect assets

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.

Phil Broderick 19/1/26 Phil Broderick 19/1/26

The new Div 296 draft legislation - Part 2 - the transitional rules

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.

Phil Broderick 15/1/26 Phil Broderick 15/1/26

The new Div 296 draft legislation – Part 1 – How it works for SMSFs

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).

Philippa Briglia 19/12/25 Philippa Briglia 19/12/25

The ‘new Div 296’ – exposure draft legislation released today

As discussed here and here, the Treasurer confirmed by media release that the former Division 296 Bill would not be reintroduced in the same form as the draft legislation introduced to Parliament in November 2023.

Phil Broderick 15/5/25 Phil Broderick 15/5/25

Div 296 and “withdrawals”

Our recent article on the proposed Division 296 tax has sparked some discussions, particularly as to whether benefits should be taken out and, if so, when they should be taken out.

Philippa Briglia 14/2/25 Philippa Briglia 14/2/25

Sladen Snippet - Division 296 tax, the proposed new $3 million super fund tax on unrealised gains, still not law

Division 296 tax, the proposed new $3 million super fund tax on unrealised gains, did not pass in the Senate yesterday, 13 February 2025.

Division 296, if passed, would impose an additional 15% tax on members with a $3 million or more total super balance (not indexed).

Division 296 is now unlikely to be put to the Senate before an election, and is expected to become a key election issue.

#division296 #$3million #unrealisedgains