Division 296 – the walking dead!

To borrow and slightly misquote former British Prime Minister Harold Wilson, 24 hours is a long time in politics. Certainly, it seemed that way to me yesterday as I traversed Parliament House to determine the fate of the Government’s proposed Division 296 tax.

What began as a relatively straightforward and welcomed story early in the day about the Government allegedly deciding to defer this highly controversial and deeply flawed tax until after the election, quickly descended to a confusing and, to be blunt, frustrating message from Parliamentarians about guillotine motions and the Government’s commitment to passing this tax either in the current session or next February.

But by the end of the day what became evident, to me at least, is that it is highly unlikely this tax will be passed in the current sitting week and, assuming the election is not called beforehand, its passage during the scheduled February 2025 sitting days also seems improbable. 

In my view, and I stress this is my take on recent parliamentary conversations – as I suspect only Treasurer Jim Chalmers and his office really know – this bill is now nothing more than a “zombie” measure. That is, while the Government may have no real intention of passing this measure, they maintain the facade of commitment to preserve the projected revenue on their books and sustain the illusion that it remains an active policy.

There have been some subtle clues – like the rumours the bill would be rushed through via a guillotine motion by the end of the week, despite no consultations with the Senate crossbench. Similarly, suggestions the Bill could be passed during the February 2025 Senate sitting days seems at odds with the considerable reservations voiced by the crossbench. Concerns about the design of this tax appear insurmountable without a substantial overhaul of the bill.

I may be wrong. Indeed, it may be just wishful thinking on my part, but the fact that this measure, which we have consistently argued is deeply flawed, has been reduced to a zombie measure is a testament to what can be achieved when we all work together. Should this Bill be finally defeated, it will mark a significant victory for all our members and serve as undeniable recognition of our growing influence in Canberra.

If the Government intends to take this measure to the next election, the considerable backlash it has attracted makes it a formidable challenge to secure voter support without significant amendments. Similarly, expecting what many anticipate will be a more hostile Lower House after the election, to support a tax riddled with unintended consequences and inequitable outcomes would be an equally daunting task.

Dare I say it, and yes, it is only my view, Division 296 in its current form has little chance of surviving. Zombie, indeed.   

Written by Peter Burgess, CEO, SMSF Association