SMSF Association Submission – Capital Gains Tax and Negative Gearing – Tranche 2 Legislation (Supplementary Submission)

The SMSF Association provides this short supplementary submission following our submission dated 21 August 2026 on the Capital Gains Tax and Negative Gearing – Tranche 2 legislation.

We wish to draw Treasury’s attention to a discrete issue arising from the proposed CGT treatment of managed investment trusts (MITs) and attribution managed investment trusts (AMITs). Although the Government has stated that superannuation funds, including SMSFs, and most widely held trusts are excluded from the reforms, the interaction of the proposed capital-loss ordering, indexation and attribution rules may nevertheless cause an SMSF investing through a MIT or AMIT to pay more tax than if it held an economically equivalent investment directly.