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Election 2016: There's nothing retrospective about the new rules for super

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Budget 2016: Super changes hit the rich

There's been an 'important rebalancing' of superannuation tax breaks, concedes Finance Minister Mathias Cormann.

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Those hikes in cigarette taxes ... they're retrospective. Really.

It's not surprising that the superannuation industry is prepared to mangle the English language in order to get special treatment.  

Millions of smokers took up the habit years ago on the basis of taxes as they were. Turnbull changed the rules after they decided to play.

The Coalition outlined changes to superannuation in its pre-election budget.

The Coalition outlined changes to superannuation in its pre-election budget.

That's the strength of the argument being put by Australia's wealthiest superannuants and the industry that grows rich off them. They've worked hard, saved and put massive amounts of money into superannuation on the basis of the rules as they were.

Of course the changes to the rules for superannuation (and tobacco) aren't retrospective in the ordinary use of the term. No-one's being asked to pay extra tax on previous earnings. They're prospective. They apply from July 2017.

From then, only the first $1.6 million of each retiree's accounts will escape tax. Earnings on the rest will be taxed at 15 per cent. It's a tax change, along the lines of the temporary deficit reduction levy and the budget decision about when the 37 per cent rate cuts in.

Come to think of it, the Howard government's decision to make super payouts tax-free for retirees over 60 would have been "retrospective" in the eyes of the industry. It changed the rules after the game started (in a way about which the industry didn't complain). Of course it didn't really reach back into the past, it only changed the rules from then on.

Nowhere is the prospective nature of the budget changes clearer than in the way the Institute of Public Affairs describes the new $500,000 lifetime cap for extra post-tax contributions (lifetime is defined beginning on July 1, 2007 when accurate records began).

"Before budget night a post-tax contribution made between July 1, 2007, and last Tuesday did not count towards a lifetime cap. After the budget the cap did count towards a lifetime cap. The tax treatment of the contribution has clearly been changed."

It certainly has changed, but *prospectively* from budget night. If it was retrospective, as the Institute says it was, what happened before budget night would have been treated the same as what happened after it. The budget would have reached back into the past.

It's not surprising that the superannuation industry is prepared to mangle the English language in order to get special treatment. It is surprising that Labor Party is prepared to play along. If it adopted its new definition consistently, it would deem any change to any law by any future government retrospective.

Peter Martin is economics editor of The Age.

 

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65 comments

  • Around my 55th birthday my current job was about to become redundant, I was offered a more interesting but lower paying job and my accountant said I could make up the difference using TTR. Well, it looks like I'm going to be out of pocket quite a bit before I turn 60. You might not call it retrospective, but it sure feels that way to me, and lots of other people in my position.

    As for the 1.6million cap, if I retire at 60 and move my super into 'cash', as recommended, it will completely run out in no time flat, assuming I can even get 2% for cash these days. At 2% even drawing the 'standard' pension it will run out if I live a good life.

    Not sure why they want to force everyone to stop saving super and go back onto a pension.

    Commenter
    In retrospect
    Date and time
    May 11, 2016, 5:29PM
    • You can of course choose to put more than $1.6m into your super. Nobody is stopping you. Only, you will have to pay a small tax on the earnings. Just as an ordinary taxpayer like myself will have to pay 37% tax on my additional earnings if I take a second job.

      Commenter
      samnm
      Location
      sydney
      Date and time
      May 11, 2016, 6:26PM
    • The over reaction suggested in your comment and that of "asdf" indicates neither of you fully understand what is being implemented and highlights that Turnbull, Morrison, Cormann, in fact all Liberal politicians are doing a poor selling job.

      Both of you should consider yourself fortunate should you have >+$1.6mil in your super account. Your in the privileged minority (top 1%).

      Commenter
      Leszek
      Location
      Preston
      Date and time
      May 11, 2016, 6:35PM
    • Super will still be a very attractive savings option up until $1.6 million. Are you saying that people with $1.59 million in super are at risk of going on the pension?

      Commenter
      Dags
      Date and time
      May 11, 2016, 6:40PM
    • Terrible problem to have.
      But not for many.
      Spare a thought for all those trying to build up a super balance of 10% of what you have.
      They also work.
      Just don't have the complete con nirvana of of work, invest and save.

      Commenter
      fizzybeer
      Date and time
      May 11, 2016, 7:00PM
    • People need to seek out unbiased information about the proposed super changes (and not from self-interested people in the financial advice and planning industries) in order to see that none of the proposed super changes are retrospective.

      http://budget.gov.au/2016-17/content/glossies/tax_super/html/tax_super-fs-07.htm

      Commenter
      Ben
      Date and time
      May 11, 2016, 7:13PM
    • Yes In Retrospect, you are being duded by the liberals and you know what you should do at the this election. Toss them out!

      Commenter
      MichaelM
      Location
      Mmelbourne
      Date and time
      May 12, 2016, 7:59AM
  • LNP is the Progressive Party then , to coin other contenders claims of their parties being such, lol

    Commenter
    gc
    Date and time
    May 11, 2016, 5:36PM
    • Removing super benefits and pushing people to the pension is regressive.

      Commenter
      Vote Mal Eat Pal
      Date and time
      May 12, 2016, 8:37AM
  • If people dont like the new rules, they can always take the amount above $1.6m out of their account and put it in a bank account.

    Except then they will be taxed at much more than 15%

    Commenter
    asdf
    Date and time
    May 11, 2016, 5:41PM

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