PayDay Super is now law, with changes effective from 1 July 2026. The reforms introduce a new voluntary disclosure regime and a new penalty framework for non-compliance. Stay ahead of the changes and understand your new obligations.

The ART decision in XLZH v FCT looked at whether pre-CGT assets owned by a discretionary trust kept that status under Division 149 and to the extent to which ATO Ruling IT 2430 can be relied upon in applying Division 149.

#CGT, #Division 149, #discretionary trusts, #Tax, #IT 2430

New Division 296 tax, as outlined in a Treasury Fact Sheet, includes two indexed thresholds ($3 million and $10 million) and taxation on realised (not unrealised) earnings from 1 July 2026. However, critical details about how realised earnings will be calculated—particularly regarding pre-1 July 2026 gains—remain unclear.

Division 296 tax to be amended to remove taxation of unrealised capital gains, according to a media release by Federal Treasurer Jim Chalmers.

Over the course of ownership of a property, its use or intention for use can change, and depending on what that change is, there can be significant income tax implications that need to be addressed. This paper looks at some of those changes and the tax consequences that can follow, including:

The article explains the arguments contained in the parties’ submissions to the High Court in the appeal by the Commissioner of Taxation (Commissioner) from the Full Federal Court’s (Full Court) decision in Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel). 

This article is the third in a three-part series setting out practical solutions to common issues in super, tax and estate planning, with a particular focus on the tax impact of payments to beneficiaries.

Part 3 of our series looks at the tax issues which should be considered when paying death benefits in specie, including capital gains tax and the super ‘death tax’.

Sladen Legal has been recognised as a Third Tier Leading Tax Law Firm in Victoria for 2025 by Doyle's Guide. Doyle's Guide is a respected and independent directory that highlights Australia’s top firms and legal professionals.

This article is the second in a three-part series setting out practical solutions to common issues in super, tax and estate planning, with a particular focus on the tax impact of payments to beneficiaries.

This article is the first in a three-part series setting out practical solutions to common issues in super, tax and estate planning, with a particular focus on the tax impact of payments to beneficiaries.

Part 1 of our series looks at how withdrawing super benefits before death can form part of a member’s overall estate planning.

This article questions the constitutional validity of family trust distribution tax, arguing that it functions more as a penalty than a tax.

The Victorian Supreme Court has held that acquisitions of units in hybrid unit trusts are potentially subject to landholder duty.

The case has wide impact with potentially absurd outcomes for some taxpayers.

With the best of intentions an estate plan often sets out to treat the beneficiaries on equal terms. However, it may not be until the estate is being administered that tax rears its head in some form or another so that one beneficiary’s share is diminished by the potential tax consequences attached to a certain asset including superannuation.

The New South Wales Court of Appeal has held that payments made to Uber drivers are deemed to be wages for payroll tax purposes under the relevant contract provisions.

In particular, the drivers provided services to Uber under their driving contracts.  The driving contracts governed or controlled the driver’s performance.  The driving services were not ancillary to the use of the vehicles.  Uber was not successful in challenging the earlier decisions of Optical Superstore and Thomas and Naaz – in particular, the payments made to derivers were “paid or payable” by Uber.

Contrary to the Commissioner’s long-held view, the Full Federal Court has unanimously held that unpaid present entitlements owing to corporate beneficiaries are not loans under Div 7A.

On 12 June 2025, the High Court granted the Commissioner special leave to appeal the decision of the Full Federal Court in FCT v Bendel [2025] FCAFC 15 (Full Court Decision) that we wrote about here.

A New South Wales case has opened up a risk of taxpayers to surcharge rates of stamp duty and land tax for residential land held in family trusts where badly drafted foreign person exclusion clauses have been used.  This may require a complete review of all trust deeds to ensure that additional stamp duty and land tax imposts are not incurred.

The State Government has introduced a new bill to State Parliament to implement changes from the 2025-2026 Victorian State Budget.  Despite a promise of no new taxes or increased taxes, a new 50% penalty tax rate allows the State Revenue to impose higher penalties if it considers a taxpayer or their adviser has been “reckless”.

Before concluding that you have a family trust distribution tax liability, have you considered whether the trustee of the family trust has complied with the trust deed?

The 2025-2026 Victorian State Budget contains no new taxes or increased taxes, however previously announced changes have been confirmed – including increases to the congestion/car parking levy and the Emergency Services and Volunteers Fund levy.