2026 – 27 Federal Budget Update

admin.dlkadvisory Admin 15th May, 2026

The 2026 – 27 Federal Budget introduces a range of significant tax and policy measures impacting individuals, property investors, and private groups. The reforms are set against a backdrop of persistent cost of living pressures, elevated interest rates, global uncertainty, and a continued focus on fiscal sustainability.

Many measures are proposed to apply from 1 July 2027 or later and remain subject to consultation and legislative refinement. As such, further detail will be critical in assessing their full impact.

Key Tax Measures

  1. Capital Gains Tax (CGT) Reform

From 1 July 2027, the Government proposes to:

  • Replace the existing 50% CGT discount with an inflation-based indexation method
  • Introduce a 30% minimum tax on net capital gains

Practical implications:

  • Taxpayers may need to obtain market valuations of assets as at 1 July 2027
  • Existing accrued gains up to that date are expected to retain current CGT treatment under transitional rules
  • Investment strategies and asset allocation decisions may require reassessment
  • The application of the minimum tax to superannuation funds and managed investment vehicles remains unclear

Overall, these changes represent a fundamental shift in the taxation of capital and may reduce the attractiveness of long-term passive investment strategies relative to other asset classes.

  1. Negative Gearing – Residential Property

From 1 July 2027, negative gearing concessions for residential property will be limited.

  • Losses on established residential properties will be ring-fenced
  • These losses can only be offset against:
    • Rental income, or
    • Future capital gains from residential property
  • Losses will no longer offset salary or business income
  • Grandfathering applies to existing holdings (including contracts entered prior to Budget night)
  • Exclusions include:
    • New residential developments
    • Superannuation funds (including SMSFs)
    • Widely held trusts and build-to-rent projects
    • Certain government-supported housing investments

This measure is expected to influence investor behaviour, gearing strategies, and ownership structures, particularly in the residential property market.

  1. Minimum Tax on Discretionary Trusts

From 1 July 2028, a 30% minimum tax is proposed on discretionary trust income.

  • Tax will apply at the trustee level, with beneficiaries generally receiving tax credits
  • Aimed at limiting income splitting and the use of bucket company structures
  • Exclusions include:
  • Fixed and widely held trusts
  • Complying superannuation funds
  • Deceased estates and charitable trusts
  • Special disability trusts

These changes are expected to significantly impact family groups and may necessitate review or restructuring of existing trust arrangements, subject to the availability of anticipated transitional relief.

  1. Business Tax Measures

Several measures are aimed at supporting business cashflow and investment:

  • Loss carry-back
    Companies (turnover under $1 billion) can offset current losses against profits from the previous two years (from 1 July 2026), subject to franking constraints
  • Instant asset write-off
    The $20,000 threshold will become permanent from 1 July 2026 for businesses with turnover up to $10 million
  • Start-up support
    Early-stage businesses may access refundable tax offsets for losses in initial years (from 1 July 2028, subject to limits)

These measures provide targeted relief, particularly for SMEs and growing businesses.

  1. Research & Development (R&D) Tax Incentive

From 1 July 2028, the R&D incentive will be re-focused:

  • Increased support for core R&D activities
  • Reduced benefits for supporting (non-core) expenditure
  • Introduction of tighter thresholds and limitations on refundability

Businesses undertaking R&D should review project eligibility, expenditure categorisation, and expected cashflow impacts.

  1. Venture Capital and Investment Incentives
  • Increased thresholds under VCLP and ESVCLP regimes to support larger investments
  • Measures aimed at encouraging innovation and growth-stage funding

These changes may enhance access to capital for emerging businesses.

  1. Personal Tax Measures
  • Working Australians Tax Offset (WATO)
    $250 annual offset from 1 July 2027
  • Standard deduction for work-related expenses
    $1,000 deduction from the 2026–27 income year without substantiation
  • Personal income tax cuts (previously legislated)
    The 16% rate reduces to:

    • 15% from 1 July 2026
    • 14% from 1 July 2027
  • Medicare levy thresholds to increase from 1 July 2025

These measures aim to provide modest cost-of-living relief and reduce compliance burden.

  1. Other Measures
  • Electric vehicle FBT concessions to be phased down, moving to a 25% concession from 1 April 2029
  • PAYG instalments expected to become more dynamic and software-driven from 1 July 2027
  • Foreign resident CGT changes expanding the definition of taxable Australian property (including retrospective elements)
  • Pillar Two global minimum tax alignment from 1 January 2026

Economic Context and Policy Direction

The Budget reflects a broader policy shift focused on:

  • Productivity and investment in innovation
  • Housing supply and generational equity
  • Energy security and economic resilience
  • Fiscal sustainability and revenue integrity

Key structural themes include:

  • Reduced reliance on tax concessions for asset-based wealth (property and trusts)
  • Increased focus on labour income support and business investment
  • Measures aimed at encouraging capital into productive economic activity

DLK Advisory Commentary

The 2026 – 27 Budget represents a material shift in Australia’s tax landscape, particularly in relation to capital taxation and private wealth structures.

While the measures are significant, they are largely targeted rather than forming part of a comprehensive tax reform framework. This raises the potential for increased complexity and unintended interactions between rules.

Importantly:

  • Many measures are not yet legislated
  • Transitional rules and detailed design will be critical
  • A backlog of announced but unenacted measures continues to create uncertainty

What This Means

Clients should consider:

  • Reviewing long-held investment positions, particularly in light of CGT reform
  • Assessing property investment strategies and gearing approaches
  • Re-evaluating trust structures and distribution strategies
  • Modelling the cashflow and tax impact of proposed changes ahead of implementation

Next Steps

DLK Advisory recommends:

  • Early engagement to model the impact of proposed reforms
  • Identifying opportunities for restructuring or repositioning ahead of commencement dates
  • Monitoring ongoing consultation and legislative developments closely

DLK Advisory will continue to provide updates as further detail becomes available.

 

High income earners – you could be paying an extra 15% tax on your super contributions

admin.dlkadvisory Admin 3rd February, 2026

If you earn close to or over $250,000, or receive a large lump sum payment during the year, there’s an additional tax lurking in the background that could unexpectedly impact your superannuation strategy.

What is Division 293 tax?
Division 293 tax is an additional 15% tax that applies to certain superannuation contributions when your income exceeds the high income threshold of $250,000. This tax targets what are called “low tax contributions” – essentially your concessional contributions within your annual limit, such as employer contributions and personal after-tax contributions for which you’ve claimed a tax deduction. When this tax applies, the total tax on these contributions jumps to 30% – comprising the standard 15% contributions tax paid by your super fund, plus the additional 15% Division 293 tax that you pay personally.

How is it calculated?
The Division 293 tax applies to the lesser of: your low tax contributions for the year; and the amount of your income that exceeds $250,000. If your regular income sits below $250,000 but adding your low tax contributions pushes you over the threshold, the extra tax only applies to the portion of contributions that exceed the threshold.

A practical example
Consider Sarah, whose taxable income is $230,000 for 2025–2026. Her low tax contributions total $30,000, bringing her Division 293 income to $260,000. Since this exceeds the $250,000 threshold by $10,000, Sarah’s taxable contributions under Division 293 are $10,000 (the lesser amount). Her additional Division 293 tax bill is $1,500 (15% of $10,000).

What counts as income for Division 293 tax purposes?
The income calculation is broader than your regular taxable income. It includes: taxable income (excluding any First Home Super Saver released amounts); amounts subject to family trust distribution tax; reportable fringe benefits total; total net investment losses (including negative gearing losses and net rental property losses); and your low tax contributions. This comprehensive definition means that common tax reduction strategies like negative gearing and salary sacrificing to super generally won’t help you avoid Division 293 tax. Even though these strategies reduce taxable income, these components are be added back into Division 293 income as net investment losses and low tax contributions.

A few traps to look out for
If you receive a lump sum payment in the year, these payments are included in your taxable income in the year of payment, regardless of which year they actually relate to. This means the taxable amount of a redundancy payment, or payments of unused annual leave or unused long service leave, could unexpectedly push you over the $250,000 threshold in the year you receive them. Sometimes the ATO may disregard or reallocate certain super contributions due to ‘‘special circumstances’’. While this may help you avoid excess concessional contributions tax, the contributions will still count towards the $250,000 threshold in the year they are actually received (although any excess concessional contributions are excluded). The maximum Division 293 tax isn’t necessarily capped at $4,500 (15% of the standard $30,000 concessional contributions cap). If you have unused concessional contribution capacity from previous years under the carry-forward rules, larger contributions could attract proportionally higher Division 293 tax.

Take action
If you’re approaching or exceeding the $250,000 income threshold, it’s crucial to factor Division 293 tax into your superannuation strategy. The timing of contributions, salary sacrifice arrangements and other income decisions all play a role in managing this additional tax burden. Contact our office to discuss how Division 293 tax might affect your situation and explore strategies to optimise your superannuation contributions.

Is Your Business BAS Ready?

admin.dlkadvisory Admin 30th October, 2024

Now is a great time to make sure your business is ready to meet upcoming business activity statement (BAS) due dates. The BAS applies if you run a business that’s registered for GST. You’ll need to report and pay using a monthly or quarterly BAS, and may report and pay GST annually, depending on your business turnover and other circumstances.

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Trust reporting changes from 1 July 2024

admin.dlkadvisory Admin 13th May, 2024

Changes to simplify reporting for trustees and beneficiaries are commencing from 1 July 2024 as a part of the Modernisation of Trust Administration Systems (MTAS) project. From that date, labels in the statement of distribution, which is a part of the trust tax return, will be modified, a new schedule will be introduced for all trust beneficiary types, and new data validations will be added.

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Employer SG obligations: annual report

admin.dlkadvisory Admin 4th December, 2023

In the most recent employer super guarantee compliance and obligations report from the ATO, most employers seem to be doing the right thing by their employees and complying with super guarantee obligations without intervention. This rate has remained steady from the previous year. Going forward, as a part of the government announced a package to move to “pay day” super, the ATO will have improved SG recovery targets each year which is to commence from the 2026-27 financial year.

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Statement of tax record for businesses

admin.dlkadvisory Admin 30th November, 2023

In the current economic climate, the Commonwealth government remains one of the few still contracting for large projects. Businesses that would like to tender for Commonwealth government contracts over $4m will need to have a satisfactory statement of tax record. This also applies to prime contractors, or suppliers involved in a panel arrangement. Depending on the structure of the business involved, differing requirements apply in relation to the statement of tax record, and some contracts may require updated statements during the life of the contract.

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ATO data-matching: directors and officeholders

admin.dlkadvisory Admin 23rd November, 2023

Directors and officeholders should be aware that the ATO is conducting a data-matching program which will not only ascertain whether directors are meeting their obligations to have director IDs but will also link individuals known to the ATO to officeholders and their associated companies as recorded on various registers. In addition, the program would also support the work of the phoenix taskforce. It is estimated that records relating to approximately 11m individuals will be affected.

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Proposed mechanisms for payday super

Proposed mechanisms for payday super

admin.dlkadvisory Admin 3rd November, 2023

In an effort to reduce wage theft and prevent losses in retirement income for many Australians, the government is seeking to legislate its payday super measure, as first proposed in the 2023-24 Federal Budget. As the first step, a consultation paper has been released which proposes two models that could be used to implement the measure. Based on the outcomes of the consultation, the government will redesign the super compliance framework to incorporate payday super, which is proposed to commence from 1 July 2026 subject to the passage of legislation.

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Deductions related to holding vacant land

admin.dlkadvisory Admin 1st November, 2023

The ATO has recently released a Ruling that clarifies when deductions for losses and outgoings that relate to holding vacant land will be denied in relation to individuals not conducting a business or in primary production. Among other things, it provides guidance on what is considered to be a substantial and permanent structure on the land, under what circumstances the structure is considered to be available for use, and what structures are considered to be independent and not incidental to the purpose of any other structure.

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ATO shifting to firmer debt collection

admin.dlkadvisory Admin 11th October, 2023

The Commissioner has flagged a return to firmer debt collection actions after seeing a trend of profitable businesses that have the capacity to pay their tax debts but are actively choosing not to. It warns business taxpayers not to treat ATO liabilities like a free loan, and reiterates that businesses are only temporary custodians of GST, PAYG withholding and super guarantee. In addition to applying General Interest Charge (GIC) to unpaid debts, the ATO also has stronger enforcements actions in its arsenal including issuing garnishee notices and legal action.

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