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Anticipated super tax hike sparks fears of land exodus from funds

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By Maja Djurdjevic
22 November 2023 — 2 minute read

The proposed new tax on super balances above $3 million is expected to lead to a “big exodus” of land from super funds, according to Brad Loftus from RSM Australia.

Mr Loftus, business advisory partner at RSM Australia, expects that regardless of the makeup of the next government, the proposed new tax on super balances above $3 million will be legislated and could lead to a “big exodus” of land from superannuation funds.

From 1 July 2025, the tax rate on earnings from total super balances (TSB) above $3 million will double to 30 per cent if the government’s proposal is adopted. Controversially, unrealised capital gains are set to be included in the calculation of “earnings” put forward by the government.

It’s this application to unrealised gains that is expected to hurt farmers, in particular, those holding property in their SMSF.

“This is just draft legislation at the moment, it hasn’t been legislated. But it’s on the cards and as a firm, our view, especially from our super team, is that this is likely to go through. The Greens are playing games at the moment, but it’s likely to go through,” Mr Loftus said.

He added that even if the Coalition were to “get in” at the next federal election, which some predict could take place as early as next year, they too “need the money”.

“This is going to be a big one,” Mr Loftus said of the proposed new tax.

“I think we’re probably going to see a big exodus of land coming out of super funds. Because if you’ve got say a $4 million farm, piece of property, and it’s had a good run recently because of lower interest rates, but if that was to go up by half a million dollars, then all of a sudden, your clients need to find that extra out of their own money because they can’t just lift the lease.

“So, they’re going to want to move those chunky assets out of self-managed super.”

Earlier this year, speaking to SMSF Adviser, Phil La Greca, executive manager, SMSF technical and strategic service for SuperConcepts urged caution for those looking to offload property until the legislation and calculations are finalised.

“Property is not like shares that you can cash in,” he said.

“With shares, you don’t need to sell the whole lot, but with a property you do. You can’t sell part of a property.

“The $3 million super tax proposal has just highlighted how people have treated property within an SMSF.”

He said rather than trying to determine if assets must be sold or liquidated, people should take a more cautious approach.

“Tread cautiously before doing anything now. A lot of people who are looking at the effect of the $3 million super tax are not young and if they pull money out, the contribution rules say they can’t put it back,” he said.

“Be alert, not alarmed yet. Of course, the SMSF sector doesn’t like the fact the proposal is there, but I take the view that we can’t just look at this as the SMSF sector but as the super sector as a whole.”

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