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31/08/2026

The latest on Home Prices

Interesting figures from Cotality Australia the median house price in Melbourne is only $786,718 yet we are being told house prices are unaffordable so the government must introduce more taxes on owning a house. Also note that first home buyers, in the last year, using the governments 5% deposit scheme have now lost their equity in Sydney and Melbourne.
If this tax grab was intended to help young people get a home why have sales volume dropped by 20%? And the bottom line, is where are the people who cannot afford to buy a home going to live. Shortage of Landlords means rent increases.

https://www.abc.net.au/news/2026-09-01/property-prices-downturn-accelerates/107098796

31/08/2026

Monday Money Talk with Noel Whittaker

It's now more than three months since the May Budget was handed down, and the fallout continues unabated. This legislation reminds me of an architect under pressure to get a building up in a hurry: the design is poor, construction rushed, and the cracks appear almost immediately. Treasury has been racing around with the toolbox, patching one crack after another. The trouble is that every time it fixes one problem, another appears somewhere else. This isn't sensible tax reform; it's emergency maintenance on legislation that should never have left the drawing board.
The first example is testamentary trusts. These are trusts created under your will, so an inheritance can be managed for a beneficiary rather than simply handed to them.
Take a family with four children and a $4 million estate. The eldest son is a builder, the second a gambler, the daughter is in a rocky marriage, and the youngest is sixteen. Hand each $1 million and imagine the possibilities. The builder goes broke and his creditors take the lot. The gambler does what gamblers do. The daughter's marriage collapses and a large chunk disappears with the departing husband. And nobody in their right mind would hand $1 million outright to a sixteen-year-old.
The solution has always been to establish four testamentary trusts. The money is still there for the children; it simply has protection. As estate-planning lawyer Rachael Rofe puts it: "A testamentary trust is not a tax dodge. It is a set of protective walls around an inheritance."
Then Treasury came along with its new 30% minimum tax on discretionary trusts. The Budget exempted existing testamentary trusts, but a testamentary trust doesn't normally exist until somebody dies. You may have a perfectly valid will containing testamentary trusts, but if you were still alive on Budget night, those trusts didn't yet exist and could therefore be caught.
There was an immediate uproar: estate-planning specialists pointed out that these trusts aren’t elaborate tax dodges but long-established structures designed primarily to protect beneficiaries. Treasury suggested people could use fixed trusts instead, but this misses the point: it’s their flexibility that makes discretionary testamentary trusts so useful.
So out came the repairs toolbox: Treasury announced an exemption from the proposed 30% minimum tax on discretionary trust income for testamentary trusts. One crack has been patched, but there are plenty more appearing.
And it’s unfinished business. This exemption has been announced by Treasury but has not yet appeared in legislation. As always with tax reform, the announcement is the easy part. The legislation is where you find out what devils are hiding in the detail.
What the latest exposure draft does do is give testamentary trusts, along with deceased estates, an exemption from the proposed 30% minimum tax on capital gains. The less good news is that two obvious problems – what happens when assets transfer on death or divorce without a sale – have been identified but left for another day.
The new CGT regime starts on 1 July 2027. It replaces the general 50% CGT discount for individuals and trusts with cost-base indexation and introduces a 30% minimum tax on capital gains. For assets already owned, the gain is divided between the periods before and after 1 July 2027, with any resulting liability deferred until a later realisation event.
The problem comes when an asset changes hands without being sold – commonly from a deceased estate to a beneficiary or between separating spouses. Nobody has cashed out, yet the transfer can trigger the deferred gain, and the tax on it. Treasury agrees that shouldn't happen, as no money has changed hands, but has left the fix to yet another tranche of amendments.
Strangely, the same problem has already been dealt with under the proposed negative gearing rules. A surviving spouse, co-owner or family-law transferee can inherit the previous owner's status and retain the negative gearing exemption. The principle has therefore been accepted in one part of the legislation but not yet dealt with in the CGT provisions.
Under the draft, qualifying capital gains attributed to an individual beneficiary of a testamentary trust or deceased estate won't automatically be pushed up to the new 30% minimum tax rate. Broadly, the concession applies to assets coming from the deceased estate and investments derived from them, not from unrelated family assets subsequently dumped into the trust.
But who sells, and when, can now carry a significant tax cost. Rofe puts it neatly: "The concession is real, but it is fragile." Sell inside the estate and the concession can apply; hand the asset over first and it may be lost.
That makes estate planning more important, not less. Rofe says wills containing testamentary trusts should be reviewed, where possible, because the tax rules around them have moved dramatically. Her point is particularly important for older wills: the structures may still work perfectly well, but they were drafted for a different tax regime.
And then there's record-keeping. Under the proposed continuity rules, a beneficiary receiving an asset in specie will generally be treated as having acquired it when the deceased did. Executors may therefore need records of purchase, improvements and previous rollovers going back decades; a valuation at death will most likely no longer be enough. So keep the paperwork.
Where does this leave us? Testamentary trusts already provide valuable protection for beneficiaries, and they will secure an important CGT concession when the legislation amendment passes. But whether an asset is sold inside an estate or trust, or distributed first and sold later, will become much more important.
Government has acknowledged that these problems exist and promised that the legislative tools will arrive later. We are left to wait and see what will actually be delivered.

Noel Whittaker is the author of Retirement Made Simple, Wills Death and Taxes and numerous other books on personal finance. Email: [email protected]

26/08/2026

Former tax commissioner Chris Jordan is accused of receiving more than $1 million in "secret commissions" during his time at KPMG in the 1990s, according to documents seen by the ABC.

25/08/2026

Newsflash 398 out now!

Another long list of warnings about problems with the poorly written budget.

https://www.bantacs.com.au/wp-content/uploads/2026/08/Newsflash-398.pdf

24/08/2026

Monday Money Talk with Noel Whittaker

Superannuation has suddenly become everybody’s favourite pot of money.
Last month Prime Minister Anthony Albanese said there was “real potential” to see our super funds as “a national asset” that could produce better returns not just for individuals and retirees, but “for the nation”. That immediately raises the question: whose money is it? Pauline Hanson has come at it from the opposite direction: “It is their money.” With Australians struggling with mortgages and the cost of living, she believes the rules should be loosened so people can get their hands on more of their super when they need it.
Then there’s the Liberal Party. Opposition Leader Angus Taylor leads a party that has already advocated letting Australians use their super to help buy a home. On television last Monday night he went further: “It’s the people’s money. They should be able to do what they like with it.” And then, almost inevitably, the aptly named Senator Andrew Bragg weighed in, declaring superannuation one of the biggest public policy failures since Federation.
So now we have three very different approaches to the same $4.5 trillion pot of money. The Prime Minister sees it as a national asset. Pauline Hanson wants people to have greater access to it. The Liberals say it’s the people’s money and they should be able to decide what to do with it. It’s a debate worth having, because behind all the politics lies one fundamental question: whose money is your superannuation?
To answer that, let’s go back to the architect of our modern superannuation system, former Prime Minister Paul Keating. He once told me: “I wanted an Australia where every worker would have money put away for their retirement, professionally managed so they could benefit from compound interest, and protected until they reached preservation age.” It was a simple idea, but its impact has been profound.
In the early 1990s compulsory employer super started at just 3%. Over the years it was gradually increased, with the final step to 12% reached only last year. It was hardly a smooth journey. There were repeated attempts to stall the increases and, at one stage, enormous pressure to freeze the guarantee at 9%. Fortunately, the system survived, and millions of Australians are better off because it did.
I’ll never forget an email I received from a 66-year-old woman. “I have no home, and my only asset is $250,000 in super. How will I cope in retirement?” I explained that at 67 she would qualify for an indexed age pension of around $30,000 a year for life and could also draw about $18,000 a year from her super – enough to last until at least 90. Her reply said it all: “Thank you. You’ve put my mind at rest.” For people like her, super means choices, dignity and independence.
Critics of compulsory super have always argued that workers would be better off getting the money now instead of having it locked away for decades. It sounds attractive, but it ignores one basic fact: human nature. People adapt their spending to whatever lands in their bank account. They don’t miss the 12% going into super any more than they miss the tax withheld from their wages. But they certainly notice that money when they retire.
Take a 40-year-old earning $55,000 a year who already has $100,000 in super. Their employer contributes $6,600 a year. If that money were paid as wages instead, tax would take 30% and the rest would almost certainly disappear into everyday spending. Without compulsory super, much of that money would simply vanish over a lifetime, leaving the age pension to do far more of the heavy lifting.
Now leave the money in super. Assume wages rise by 3% a year and the fund earns an average 8%, and by 65 our worker could have around $1.3 million in super. Of course, $1.3 million in 25 years won’t buy what $1.3 million buys today. At 2.5% inflation, it would be worth roughly $700,000 in today’s money. But that’s still $700,000 of retirement wealth that probably would never have existed.
And that is the genius of compulsory super: it happens automatically. The money is invested before it can be spent, compound interest is given decades to work its magic, and people who may never have thought of themselves as investors can reach retirement owning a substantial portfolio.
There are, however, two ways super can sensibly be used to help people into their first home without simply turning it into an ATM.
The first was the Liberal proposal to allow first-home buyers to take up to 40% of their super, capped at $50,000, to help with a deposit. The important part was that the money was not simply gone forever. When the home was eventually sold, the amount withdrawn would be returned to super, together with a share of the capital gain. In other words, it gave young people a leg up into the housing market while protecting their retirement savings.
The other is the existing First Home Super Saver Scheme. This works differently. Prospective first-home buyers make extra voluntary contributions to super, taking advantage of its concessional tax treatment, and can later withdraw eligible contributions plus associated earnings to help fund their deposit. Up to $15,000 of eligible contributions from any one financial year can count towards the scheme, with a maximum of $50,000 available for release, plus associated earnings.
The crucial thing about these proposals is that they do not simply raid the compulsory super put away for retirement. One effectively lends them some of their super to buy a home and requires it to be restored later; the other uses super as a tax-effective vehicle to build a deposit. Both preserve the basic principle of keeping super to fund retirement. That’s very different from opening up everybody’s super whenever money gets tight.
That’s why we should be very careful when politicians start eyeing that $4.5 trillion pot. It may be called a national asset. It may be tempting to raid it for housing, mortgages or today’s cost-of-living pressures. But Keating’s original principle remains the right one: superannuation is the worker’s money, put aside for one purpose – to give them a better retirement.
Once we start treating it as money for anything else, we risk destroying the very thing that made it work. Superannuation is more than economic policy. It’s a social contract. It asks people to give up a little today so they can have much more tomorrow. And its great strength is beautifully simple: it happens automatically.

Noel Whittaker is the author of Retirement Made Simple, Wills Death and Taxes and numerous other books on personal finance. Email: [email protected]

17/08/2026

Scam Alert

ATO appointment email scam
On 24 July 2026, the ATO issued web guidance on a new email impersonation scam.
The email states that a phone appointment with the ATO has been scheduled and includes appointment details such as the date, time and appointment type. The email claims that recipients must open an attachment included in the email to securely access relevant services or reschedule the appointment. The attachment contains a link to a legitimate looking myGov sign-in page designed to steal usernames, passwords and other personal information.
The ATO will never:
• email an attachment containing a link to a myGov sign-in page;
• ask taxpayers to access ATO services through links contained in unsolicited emails;
• direct taxpayers to a login page that is not hosted on an official myGov or ATO website; or
• request a myGov username, password or security codes via email.
What to do if this message is received:
• do not respond;
• do not click any links;
• do not open or interact with the attachment;
• do not enter your myGov credentials or personal information on any page accessed from the email;
• report the email by forwarding it to [email protected]; and
• if money was paid or sensitive information was provided to the scammer, phone the ATO immediately on 1800 008 540.

17/08/2026

Monday Money Talk with Noel Whittaker

Sometimes a small event starts a cascade and problems escalate. A classic case was the woman who checked her bank balance at an ATM and was told she had $30. She withdrew the $30, unaware that a $2 balance enquiry fee had already reduced her account to $28. The withdrawal pushed her into overdraft, triggering another $30 fee. Suddenly, a woman who thought she had $30 owed the bank money.
The story made headlines across the country and caused such an uproar that the rules surrounding ATM fees and overdrafts were changed. One tiny transaction had exposed a system that was simply unfair.
We may be watching the same sort of cascade now with the Government's new tax rules.
Senator David Pocock, an ardent opponent of these new rules, has highlighted the case of a 44-year-old domestic violence survivor negotiating a divorce settlement. She had planned to keep an investment property she had owned for more than 15 years. Her solo finance was pre-approved. Then the tax rules changed and the approval was withdrawn.
Three lenders have since rejected her refinancing – not because of her income, credit record or the value of the property, but because of the new negative gearing rules. She may now be forced to sell the asset she has spent years building for retirement. Pocock says family lawyers in Canberra are reporting similar behaviour from lenders, with the new rules already affecting family law settlements.
And what is the Government's response? Basically: we're looking into it. Changes may be made later in the year.
But that's not the end of it. The legislation has become so complex that even tax experts are struggling to work out what it means. It's hard to resist the conclusion that nobody in Treasury fully understands the monster they've created either.
Take family trusts. One obvious question is whether a discretionary family trust will be able to get a refund of excess franking credits under the new rules. You would think the answer would be a no-brainer. Of course it would.
But when I put the question to Treasury, the answer was anything but clear. A spokesperson said the Government's consultation paper had “sought views” on the treatment of excess franking credits remaining after the trustee had met its tax liabilities. The consultation period closed on 31 July and the Government is considering the feedback. In other words, these laws have been rushed through and we still don't know the answer to a basic question about how they will work.
And then there is the new CGT “realisation event” definition, which looks set to become a widow's tax.
An email from a reader highlights the problem. He wrote: “My understanding is that a death after 1 July 2027 does not create an immediate CGT liability. The beneficiary can still inherit the shares in specie and pay CGT only when they are eventually sold.
“Yet your articles say the opposite – that a death after 1 July 2027 can trigger an immediate CGT liability in the estate. You are the only commentator I have found taking that view, and I would have expected far more public outcry if this really amounted to a secret death tax. I can only hope I have misunderstood you or, heaven forbid, that you are wrong.”
Fair question. So I went back to tax expert Julia Hartman of Bantacs, who confirms that what I wrote is correct under the legislation as it currently stands.
On 4 August 2026, the Government released draft legislation containing proposed corrections, but unfortunately none that fixes this problem. There are, however, cryptic comments in the explanatory memorandum acknowledging problems with rollovers and indicating they may be dealt with in future amendments. At least that suggests the Government is aware of the issue.
The reason it has received so little media attention is simple: the legislation is extraordinarily technical. But that makes it even more important to keep the issue in the spotlight and pressure the Government to fix it. It is astonishing that such an important defect was not corrected in this latest round of amendments.
Here's the problem in plain English.
To preserve the 50% CGT discount on gains accrued up to 1 July 2027, the legislation effectively deems a CGT event to have occurred at that time. The tax is not payable immediately because another provision defers payment until a “realisation event” occurs.
And that's where the trap lies.
The definition of a realisation event is extraordinarily wide and includes just about any change of ownership. Death is one of those events because, when you die, ownership of your assets passes to your estate.
Because you were alive on 1 July 2027, the capital gain accrued before that date has effectively been separated from the rollover provisions that would normally allow assets to pass to your estate and beneficiaries without triggering an immediate tax bill. When death becomes the realisation event, that deferred pre-1 July 2027 gain becomes taxable.
That's why I call it a widow's tax. You don't have to sell the asset. You don't have to receive any money. Someone simply has to die.
It is difficult to believe that the detour away from the normal rollover provisions and into this new concept of a realisation event could have been designed without somebody appreciating the consequences for involuntary transfers, including death and divorce.
The good news is that the Government now appears to recognise there is a problem. The bad news is that it still hasn't fixed it.
And given the way this legislation has been handled, I would not assume that eventual amendments will restore the position to what it was before. We need to keep the pressure on and make sure it is fixed properly.
Otherwise, before we know it, 1 July 2027 will be upon us – and this extraordinary death, divorce and disaster tax will be law.

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