What is Division 296 Tax?

Division 296 tax is a new superannuation tax measure that was introduced by the Australian Government, targeting individuals with super balances exceeding $3 million. Under this new tax measure, individuals with more than $3m super balance, will be subject to additional 15% tax on earnings associated with the portion of superannuation balances above the $3 million threshold. These earnings included both realised and unrealised gains whether the assets were sold or not.

What Has Changed?

After months of debate and industry feedback, the Government has finally revised its proposed Division 296 tax legislation. The changes reflect a more balanced approach to taxing high superannuation balances, with key updates that address concerns around fairness, practicality, and timing.

Key Superannuation Tax Changes Announced

  • Delayed Start Date:
    The new Division 296 tax will now commence from 1 July 2026, with the first assessment date being 30 June 2027.
  • Tiered Tax Thresholds Introduced:
    • 15% tax on earnings attributable to super balances over $3 million
    • Additional 10% tax (adding upto 25%) on earnings attributable to balances over $10 million
  • Indexation of Thresholds:
    Both thresholds will be indexed to inflation, increasing in jumps of $150,000 and $500,000 respectively.
  • No Tax on Unrealised Gains:
    A major win for members – earnings for Division 296 purposes will exclude unrealised capital gains, removing the risk of tax bills without liquidity. However, there is still uncertainty around how realised vs. unrealised gains will be treated, especially for assets held before the start date.

How Will Earnings Be Calculated?

Super funds will calculate earnings based on taxable income, aligned with existing tax principles. There’s flexibility for funds to use a “fair and reasonable” approach, especially for large or complex funds. We will have to watch the space for more details around capping realised gains post 30 June 2026 and how the valuation methods will be applied to different asset classes. 

Impact on Defined Benefit Members

Defined benefit pensions will now be valued using family law valuation methods, replacing outdated formulas. This change affects both SMSF and non-SMSF members and may significantly alter total super balance calculations.

Example: Impact of Division 296 on a $12 Million Super Balance

To illustrate the impact of the new tiered Division 296 tax system, consider a member with a $12 million superannuation balance as at 30 June 2027.
Under the revised rules:
  – 75% of the members’ super is over $3m ($12m – $3m is $9m, bringing it to 75% of total super balance of $12m), and
  – 16.67% of the members’ super is over $10m ($12m – $10m is $2m, bringing it to 16.67% of total super balance of $12m)
  – The fund generated a combination of general income and realised capital gains, of which $700,000 is attributed to the member. The fund has already paid 15% tax on this taxable income.

Calculation of Division 296 tax:

  – $700,000 × 15% × 75% = $78,750
  – $700,000 × 10% × 16.67% = $11,669
Total Division 296 tax payable: $78,750 + $11,669 = $90,419

This example highlights the importance of strategic planning for members with high superannuation balances to manage tax liabilities effectively.

Final Thoughts

While the revised Division 296 tax is a step forward, it still presents challenges – especially for those with super balances exceeding $10 million. The removal of unrealised gains from the tax base is a welcome relief, but the higher tax rate and complexity of earnings calculations mean strategic planning is essential.

Please reach out to MGI tax accountants and consultants if you have any questions or contact us on (07) 3002 4800.

Women-led businesses have the opportunity to receive up to $5,000 in funding to support business growth through training, essential equipment, and professional services.

Grant Applications Dates

Apply now from 1st September 2025 and closing at 4:00pm AEST on Tuesday, 7 October 2025. A total fund of $250,000 is available for this Lord Mayor Grant, with up to $5,000 (exclusive of GST) available per successful application. A limit of one application per business will be accepted.

Entry Guidelines

The Lord Mayor’s Women in Business Grant 2026 will provide funding to support women owned businesses to grow and develop their business.
The grant will provide an opportunity for eligible organisations to apply for funding of up to $5,000 (exclusive of GST) to build their business capability or gain professional services that will boost local economic impact.

To be eligible for this grant, you/your business must:

  • Have an active Australian Business Number (ABN) and be registered in Queensland
  • Be Headquartered/have business outlets based in the Brisbane Local Government Area (LGA) and be able to provide rates notice/utility bill/proof of location)
  • Be an Australian Resident/Citizen
  • Be a woman in business with a minimum of 50% ownership of the business.
  • Be 18 years of age (proof of ID) at time of application
  • Be operating/trading for the full financial year of 2024/25 and demonstrate more than one client
  • Not be insolvent or have owners/directors that are bankrupt
  • Have an annual turnover between $75,000 and $500,000.
  • Provide one application per business for up to $5000 (exclusive of GST and delivery fees). This is non-matched funding.
  • Provide original quotes from local Brisbane/QLD businesses where quotes proposed as part of the Grant. Supplier invoices can include GST
  • Have the Approved Use commencing after the grant is received
  • Expend the funding and have an outcome delivered for acquittal by 30 June 2026.
  • Not be a previous recipient of the Lord Mayor’s Women in Business Grant.
  • Complete grant related surveys provided periodically by BEDA, which may extend beyond the term of the Grant.
  • Participate in the 12-month business support program developed for Lord Mayor’s Women in Business Grant recipients.

What Can Be Funded?

The grant will support women to build their personal capability as a business owner, enabling their business to grow and build a sustainable, strong, local small business economy. Grants will support procurement of professional services, training and education and operationally critical business equipment.

Examples of what can be funded:

  • Procurement of professional services for:
    • Development of business strategy
    • Marketing and brand services
    • Ecommerce services
    • Financial services
    • Compliance and industry regulations relevant to business.
  • Training and Education:
    • Certification by an
    • RTO/TAFE
    • Professional development on leadership/business strategy
    • Financial literacy
    • Digital marketing
    • Expert training relevant to your business
    • Cost of running or attending a convention, expo or business learning event.
  • Business equipment:
    • Equipment that demonstrates tangible growth for your business, tool or Product that is key in delivering your business outcomes. E.g. Sewing machine for a fashion business, labelling machine for packaging, camera for photographer, etc.

All applicants will be automatically signed up to the Brisbane Business Hub community and provided with networking, education and training upskill opportunities.

For more information on the assessment criteria and application process visit the Brisbane Business Hub for further details.

Please contact the team at MGI if you have any questions or need assistance in your application.

The Australian Taxation Office (ATO) has shared the specific risks it will be monitoring for the 2024-2025 tax year. Following on from the small business focus areas identified in Quarter 4 of the this year and on the warnings it issued for the last financial year, there are a number of issues that remain firmly at the top of the list when it comes to tax compliance. As the 2025 end of tax year approaches, the ATO is sharpening its focus on several key areas to ensure compliance and integrity within the tax system. This year, the ATO is particularly vigilant about claims for rental property deductions, work-related expenses, cryptocurrency and undeclared income from the sharing economy. If you’re preparing for tax time, understanding and ensuring you’re fully compliant in these areas can help ensure you get your lodgment right the first time. Let’s take a look at the ATO focus areas for tax time 2025 in a bit more detail.

ATO Crackdown: 4 Key Areas To Get Right For Tax Time 2025

1. Rental Property Deductions

Investment properties were a firm focus at tax time in 2024 and the ATO continues to scrutinise rental property deductions closely, ensuring that claims are legitimate and accurately reflect expenses incurred. Recent audits from the tax office indicate that 90% of rental property owners are getting their tax returns wrong.

According to ATO Assistant Commissioner, Robert Thomson: “People aren’t apportioning correctly between interest relating to private use and the interest that relates to the income they’re generating from their investment property.”

Common areas where taxpayers might encounter issues include:

The ATO employs sophisticated data-matching techniques and collaborations with financial institutions to identify discrepancies and ensure compliance. Rental property owners should maintain detailed records and seek professional advice to ensure their claims are accurate and justifiable. A registered tax agent can help ensure your tax return is accurate.

2. Work-Related Expenses

As in the previous couple of years, work-related expenses are another area under the ATO’s microscope. Changes were made in 2023 to the fixed rate method of calculating a working from home deduction and taxpayers were required to keep more detailed documentation. However, as these rues have now been in place for a couple of years the expectation is that you must have comprehensive records to substantiate your claims.

“Copying and pasting your working from home claim from last year may be tempting, but this will likely mean we will be contacting you for a ‘please explain’. Your deductions will be disallowed if you’re not eligible or you don’t keep the right records.” Mr Thomson said.

To avoid issues, taxpayers should adhere to the following guidelines:

Accurate record-keeping and adherence to ATO guidelines are essential to ensure compliance and avoid audits or penalties.

Remember, there are 3 golden rules for claiming a deduction for any work-related expense:

3. Undeclared Income from the Sharing Economy

The rise of the sharing economy has introduced new challenges for tax compliance. Platforms like Airbnb, Uber, and various freelancing sites have made it easier for individuals to earn income that may go undeclared.

The ATO is particularly focused on:

The ATO collaborates with sharing economy platforms to access data and identify undeclared income. These sophisticated data matching systems mean that if you decide to not report your income from these platforms then you are much more likely to trigger a review by the ATO. Participants in the sharing economy should maintain comprehensive records of their earnings and report them accurately to avoid penalties.

4. Cryptocurrency Investments

Cryptocurrency and crypto based business models are an emerging area of focus for the ATO. Australian tax payers have been warned that they need to report all cryptocurrency related capital gains, losses and income in their tax returns. The Australian Taxation Office treats cryptocurrency as property for tax purposes. This means that individuals and businesses are required to pay capital gains tax (CGT) on cryptocurrency transactions, depending on the profits they make.

When you sell a cryptocurrency asset you need to work out whether you made a capital gain (i.e. you made a profit) or a capital loss (i.e. you lost money) to determine how much capital gains tax (CGT) you’re required to pay. You need to report your gains and losses in your tax return and pay income tax on net gains.

It’s also important to understand whether you’d be considered an investor or a trader for tax purposes. If you buy and sell assets regularly, you may be considered a trader, which changes the taxation treatment of any gains or profits you make on your asset sales.

The advice is also to not rush to submit your tax return, particularly if you received income from multiple sources. “By lodging in early July, you are doubling your chances of having your tax return flagged as incorrect by the ATO.”

 

As the ATO intensifies its focus on rental property deductions, work-related expenses, cryptocurrency and undeclared income from the sharing economy, it is more important than ever for taxpayers to be diligent and compliant. By understanding the ATO focus areas and maintaining accurate records, taxpayers can navigate their obligations confidently and avoid the risk of audits and penalties. If in doubt, seeking professional advice from the tax experts at MGI can provide the necessary guidance to ensure compliance and peace of mind in the 2025 tax year.

Check out our recent blog on Personal Services Income (PSI) to ensure that you are categorising your business and services correctly.

For more information or personalised advice on your tax obligations, feel free to reach out to the experts at MGI South Qld. We’re here to help you navigate the complexities of the Australian tax system with ease and confidence.

You might also be interested in our most recent blog on the ATO small business focus areas for Q4 of the 2024/25 financial year.

The Australian Taxation Office (ATO) has recently released an updated set of small business benchmarks based on 2022-23 financial year data. The benchmarks are reviewed annually and broken down into 100 industries and they’re used by the ATO to assess whether a business might be under-reporting taxable income and over-claiming deductions.

What Are ATO Small Business Benchmarks?

The ATO provides Small Business Benchmarks as a tool to help businesses compare their financial performance against industry standards. These benchmarks are derived from data collected from tax returns and activity statements of businesses across various industries. They serve as a guide for businesses to assess their performance and ensure they are meeting their tax obligations. ​

How Are These Benchmarks Used By The ATO?

The ATO uses these benchmarks to identify businesses that may be avoiding their tax obligations. By comparing a business’s financial ratios to industry standards, the ATO can detect anomalies that may indicate underreporting of income or overstatement of expenses. Businesses that fall significantly outside the benchmark ranges may attract scrutiny and potential audits. ​

However, they can also be a useful tool for any business to compare your performance, including turnover and expenses against others in your industry. You might be able to identify opportunities to make improvements to your business.

What Industries Are Included?

The benchmarks cover 100 industries and over 2 million small businesses around the country. The industries include:

What If Your Business Falls Outside the Industry Benchmarks?

You might find that your business falls outside of these benchmarks. If you’re above or below the standards for your industry it doesn’t necessarily mean you’ve done anything wrong however, it’s an indicator that it’s worth reviewing your business plan.

ATO Assistant Commissioner Tony Goding said: “While we never use the benchmarks in isolation, small businesses who fall outside the ATO’s benchmarks are more likely to trigger a closer examination from us to identify if they are making mistakes or deliberately doing the wrong thing.”

Above the Benchmark Range

If your business’s expenses are higher than the industry average, it may suggest that your expenses are high relative to sales. This might show that your:​

Such discrepancies can trigger ATO reviews or audits to ensure compliance. ​

Below the Benchmark Range

Conversely, if your expenses are significantly lower than the industry average, it might indicate that:​

While being below the benchmark isn’t inherently negative, it’s essential to ensure that all expenses and obligations are accurately reported. ​

Implications for Your Business

Understanding where your business stands in relation to the ATO Small Business Benchmarks is crucial. Regularly comparing your financial ratios to industry standards can help identify areas for improvement and ensure compliance with tax obligations. It also aids in making informed business decisions and maintaining financial health.​

How MGI South Qld Can Assist

At MGI South Qld, we specialise in business performance analysis and helping businesses navigate the complexities of tax compliance and financial performance. Our team can assist you in:​

Contact us today to ensure your business aligns with industry benchmarks and maintains robust financial health.

Every quarter the Australian Taxation Office (ATO) shares their areas of focus when it comes to small businesses meeting their tax and superannuation obligations. These insights help businesses remain compliant with tax obligations and avoid costly penalties. As we enter the final quarter of the 2024/25 financial year, the ATO has announced three key focus areas for small business owners to be aware of. These include undeclared contractor income, suggested changes in GST reporting frequency and compliance with small business boost measures. Staying informed and aligned with the ATO small business focus areas can help you avoid ATO scrutiny and maintain good standing with the tax office.

Here are the ATO small business focus areas for Q4 of FY 2024/25:

1. Contractors Omitting Income

As part of the taxable payments reporting system (TPRS), businesses must report payments made to contractors for providing the following services.

If you work as a contractor and provide any of these services, the business you contract to will report those payments to the ATO on their TPAR and you need to include this income on your tax return. Contractors need to be aware that the ATO is using sophisticated data matching techniques to identify contractors reported through the TPRS. This quarter, the ATO will be increasing its scrutiny on contractors who:

To remain compliant, contractors should ensure all income is accurately declared in their small business tax returns. The ATO uses data-matching technology to detect discrepancies between reported income and what is actually received.

2. Quarterly to Monthly GST Reporting

From March 2025, the ATO is encouraging more small businesses to transition from quarterly to monthly BAS (Business Activity Statement) reporting for GST purposes. If you have a history of failing to comply with your tax and GST obligations you may receive communication from the ATO notifying you of your new monthly reporting cycle effective from 1 April 2025. You are more likely to be migrated to the new reporting cycle if you have not responded to previous communications from the tax office and demonstrate a poor compliance history, for example:

The aim is to help businesses:

While not mandatory for all small businesses, monthly GST reporting is highly recommended for businesses that frequently receive GST refunds or are struggling with quarterly reporting accuracy. The ATO is focusing on educating and assisting businesses with this transition during Q4.

If you’re considering switching to monthly GST reporting, speak with your accountant or advisor to determine if it’s the right move for your business.

3. Small Business Boost Measures

The ATO continues to monitor compliance with the recently introduced small business boost measures, which were designed to support digital adoption and skill development. These include:

The ATO is actively reviewing claims to ensure they meet eligibility requirements. Key risks include:

Among the main errors being reported for the Skills & Training Boost program include:

To remain compliant, ensure your claims are accurate, well-documented, and within the guidelines set out by the ATO.

The ATO will also continue to focus on non-commercial business losses, small business capital gains tax (CGT) concessions, business income is not personal income and GST registration and income of taxi, limousine and ride-sourcing services.

Stay Ahead with Expert Guidance

Staying compliant with ATO small business benchmarks and requirements doesn’t need to be overwhelming. By understanding the ATO’s focus areas and keeping your tax records and obligations in check, you can reduce risk and focus on growing your business.

At MGI South Qld, we help small businesses stay on top of their tax administration and compliance requirements. If you’re unsure about your income declarations, GST reporting obligations or small business boost claims, our team is here to support you.

Contact us today to stay ahead of ATO updates and ensure your business remains compliant for Q4 and beyond.

The general transfer balance cap is set to increase to $2 million on 1 July 2025, following the release of quarterly CPI data.

With all groups CPI figure reaching 139.4 for the December 2024 quarter, the general transfer balance cap will be indexed for the 2025–26 year, increasing to $2 million from $1.9 million.

The cap limits the amount of money that can be transferred into the retirement phase in super. The increase means clients commencing their first retirement phase income stream in 2025–26 will start with a personal transfer balance cap of $2 million.

Clients who already have a personal transfer balance cap that they have not fully utilised at any time in the past will see their cap increase on 1 July 2025 by a smaller amount due to proportional indexation.

This increase also affects other superannuation rules and concessions including the total superannuation balance, which will also increase to $2 million.

A member’s total super balance at 30 June 2025 will need to be less than $2 million for them to access the standard non-concessional contributions cap.

The 3-year bring forward rule will be limited against a higher Total Superannuation Balance as per below:

To 30 June 2025

table showing transfer balance cap figures to 30 June 2025

From 1 July 2025

table showing transfer balance cap from 1 July 2025

If you have any queries or concerns or need further advice and support about superannuation changes please don’t hesitate to reach out to the team at MGI.

Not for profit entities that aren’t registered charities are now required to complete an annual Not For Profit Self Review return.

Lodgement Date Update – Not-for-profit (NFP) reporting requirements for self-assessed income tax exemption

The NFP self-review return due date is approaching. For all NFP’s who have yet to lodge a return with a 30 June 2024 year end the new lodgement date is 31 March 2025.

Non-charitable NFPs with an active Australian business number (ABN) must lodge the return to confirm their eligibility for income tax exemption.

However, an entity that has a different year end date, will need to apply to the ATO to adopt a Substituted Accounting Period (SAP) and be approved.

SAPs may be granted to NFPs where they can demonstrate that an ongoing event, industry practice, business driver or other ongoing circumstance makes 30 June an inappropriate or impractical balance date.

For more information on lodgement due dates and substituted accounting periods please see link: ATO Lodgement Dates

Who will need to lodge? 

Various categories of NFPs will not be included in the new return and will not have a lodgement obligation.

However, if your NFP falls into the below category it will need to self-assess and lodge a return with the ATO:

Any NFP’s who do not meet the above categories but are either one of the following are considered exempt from lodging the return:

What changed for not for profit organisations in 2024? 

The not-for-profit (NFP) self-review reporting is arguably the largest change in this sector since the establishment of the Australian Charities and Not-for-Profit Commission (ACNC) in late 2012. It is important to note that no changes have been made to the legislation allowing entities to self-assess their income tax exempt status. Every organisation that has been appropriately self-assessing its status the Income Tax Assessment Act 1997 will remain eligible to self-assess for the income tax exemption from 1 July 2024.

The new requirement asks these organisations to formally report the specific basis of their assessment, by reference to the category of organisation and the specific eligibility criteria that apply to that category.

It has always been a requirement that these organisations review their eligibility to self-assess for the income tax exemption on an ongoing basis and now it will be a requirement that this assessment is lodged with the Australian Taxation Office (ATO).

We note that there is no requirement to provide detailed financial information outside of disclosing a revenue band into which the organisation falls, which allows the population to be dissected on the basis of size in the future.

How will an organisation know if they need to lodge? 

For those organisations already identified by the ATO, the return will be automatically generated. It will show on the entity’s ‘For action’ page in Online services for business (OSB), which may help identify the requirement for some organisations that lodge periodic activity statements via this method. Tax or BAS agents who assist with meeting GST obligations may be well-placed to identify.

Call to Action

As the Not For Profit self review return reporting regime is relatively new, we would suggest the following actions:

  1. Contact the NFP accounting specialists in our Business Services Team to discuss the matter.
  2. Allow us to review your reporting obligations and notify you whether you meet the requirements of having to lodge a return and if there is the potential of the organisation meeting a taxable outcome.
  3. If you are considered a reporting entity, we would highly suggest that you allow our office to prepare and finalise this return.

Should you have any questions or wish to discuss this matter further, please do not hesitate to contact our office.

The Lord Mayor’s Women in Business Grant will provide funding to support women-owned businesses to grow and develop. Eligible businesses can apply for a grant of up to $5,000 (excluding GST) to build their business capability and also boost local economic impact.

This Women In Business grant opportunity has already opened and applications close at 4pm on 14 October 2024.

Eligibility Criteria:

More information can be found on the Brisbane Business Hub but don’t hesitate to contact the team at MGI for any assistance.

The Business Basics grant program provides support to businesses to increase core skills and adopt best practice. This round of Business Basics (Round 6) is focused on business enhancement. The program is administered by the Department of Employment, Small Business and Training (DESBT).

This program is applicable for businesses with less than 5 employees and a turnover of less than $300,000. With increased funding to $7500, start planning your registration of interest in the latest round of small business grants, Business Basics.  Applicants can apply for funding for grant funded activities under the following priorities:

Eligible activities

1. Professional business advice

  • Business plans
  • Financial planning and budgeting
  • Business structure advice
  • Operational efficiency reviews
  • Business mentoring and guidance
  • Strategic partnerships and networking

2. Strategic marketing services

  • Strategic marketing plans including search engine optimisation advice
  • Content marketing strategy
  • Market research
  • Branding strategy
  • Customer Relationship Management (CRM) implementation

3. Website build/upgrades

  • Website build or upgrade (including website refresh)
  • Adding eCommerce functionality
  • Developing new website content
  • Integration with third-party tools

Opening Date: Registration of Interest (ROI) opens at 9am, Monday 30 September 2024.

Closing Date: Stage 1: Registration of Interest (ROI) closes at 5pm, Friday 11 October 2024

Access to supporting documentation and eligibility criteria is available on the Queensland Government Business website.

Please reach out to the team at MGI, if you need support in preparing your application.

For small businesses to enhance their efficiency and productivity.

This support includes funded activities in 3 project areas:

Available Funding:

Stage 1 is open (registration of interest)

Closes on Friday 5th of July at 5.00pm

More information on eligibility and the application process can be found here.

Don’t hesitate to reach out to MGI if you have any questions or need assistance to complete the application.

 

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