27/03/2026
The Division 296 tax is still a quasi-wealth tax
While the latest Division 296 draft legislation may have dispensed with an unrealised capital gains tax component, it still has the whiff of a wealth tax about it. That’s because the effective tax rate on earnings, including any realised capital gains, is tied to the Total Superannuation Balance (TSB) and not just the earned income itself.
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The latest draft legislation may be an improvement but it still has the whiff of a wealth tax about it. The question remains whether a golden opportunity for simpler and fairer super tax reform has been missed.