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Albanese Government Plans Super Tax Changes Impacting Wealthy Account Holders

Following the re-election of the Albanese government, attention has turned to the planned changes in superannuation taxation. Labor’s victory signifies a probable enactment of the legislation soon, impacting the taxation of investment returns in superannuation funds. Australia’s retirement income system consists of a government-funded age pension and private superannuation, where super includes compulsory and personal contributions. The proposed reform aims to increase the concessional tax rate on super account earnings in the accumulation phase for balances exceeding $3 million, affecting around 80,000 account holders.

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Under the current system, super funds are taxed at a concessional rate of 15%, with income earned in the pension phase being tax-free. However, the reform suggests taxing unrealized capital gains on assets held in super accounts, a significant departure from the existing practice where capital gains tax is paid only upon asset sale. This change could be particularly challenging for self-managed super funds (SMSFs) with illiquid assets, like farms or business properties, as they may struggle to meet tax obligations without selling assets.

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The motivation behind the proposed reform lies in addressing budget pressures and regressive tax concessions in the super system. Treasurer Jim Chalmers highlighted the need to curb the budgetary impact of super tax concessions, which predominantly benefit wealthier households. The cost of these concessions to the federal budget is substantial, nearly equivalent to the age pension expenditure. Critics argue that superannuation has evolved into a taxpayer-funded inheritance scheme, with many Australians leaving sizable super balances at the time of their demise.

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The Association of Superannuation Funds of Australia Retirement Standard indicates that a couple needs around $700,000 for a comfortable retirement, making the $3 million threshold seem excessive. While the reform aims to enhance equity and sustainability in the super system, concerns linger about its practical implications. The government’s proposal to allow taxpayers 84 days to pay the tax liability may not sufficiently address the challenges faced by SMSFs.

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Comparisons with President Joe Biden’s proposal in the United States, which allows for deferred payment of tax liabilities on unrealized capital gains, raise questions about the effectiveness of Australia’s approach. The overarching query remains whether taxing volatile unrealized capital gains is the most appropriate strategy to improve equity and sustainability within the superannuation system.

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In conclusion, the proposed superannuation tax changes, while seeking to address budgetary concerns and inequities in the system, raise complex implementation challenges. As the legislation moves forward, stakeholders will closely monitor its impact on super fund holders, particularly those with substantial balances and illiquid assets, to ensure the reform achieves its intended objectives without unduly burdening taxpayers.

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