SMSF Association Submission – Building a Stronger and Fairer Super System Act 2026 – Draft Regulations

The SMSF Association welcomes the opportunity to provide feedback in response to the Government’s Income Tax Assessment (1997 Act) Amendment (Building a Stronger and Fairer Super System and Other Measures) Regulations 2026 (Draft Regulations).

The draft regulations introduce a level of complexity and uncertainty that risks making the Division 296 regime difficult to administer in practice. In particular, the proposed treatment of post-death earnings creates an open-ended attribution period, raising serious questions about when liabilities arise, how they will be funded, and whether outcomes will be fair for members and their beneficiaries.