Super changes to hit farmers with assets in SMSF

FARMERS are on the warpath over Canberra’s proposed superannuation changes.

And they are joining forces with the Council of Small Business Organisations Australia with dire warnings the changes will adversely impact thousands of hardworking Australian families and small businesses.

The National Farmers’ Federation and COSBOA are urging the Albanese government to “make sensible changes to the legislation”.

NFF president David Jochinke says by making appropriate amendments, the Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 could still achieve its overall aim without causing undue hardship to small businesses.

“Farmers and small business owners are united in their view this Bill will have unintended consequences on the operations and succession planning of these small businesses across the country, particularly those who hold a self-managed superannuation fund to structure their business,” Mr Jochinke said.

“In the case of agriculture and small business, older farmers or business owners will often hold their assets in a SMSF and lease the operations to their children, providing both retirement income for them as well as an opportunity for the next generation to enter the business.”

The peak bodies are particularly concerned about the proposed taxation of “unrealised gains” on holdings proposed in the Bill, with the increased tax obligation likely to place undue financial burden on thousands of small businesses.

In evidence provided to the Senate Economics Committee Inquiry into the Bill by the SMSF Association, it was estimated more than 17,000 SMSF accounts in 2021-22 held farming land.

The NFF said more than 3500 of those would be immediately impacted by the new tax, and substantially more of the remaining were likely to be captured in the coming years if the government continues not to apply indexation to the base threshold.

When accounting for those SMSFs, with assets used for other small businesses beyond just farming, the number of people impacted would be much higher again.

COSBOA chief executive Luke Achterstraat said he has strong concerns on the detrimental impact the proposed tax changes could have on small business owners across the country.

“We urge parliamentarians to consider the real-world impact of these tax changes,” he said. “Our small business owners deserve policies that support, not hinder, their hard work and contributions to the economy.

“This new tax on the unrealised gains on assets held in the SMSF may see an increased obligation that represents a significant proportion of an owner’s annual income, or even exceed it.

“This may see the older generation left in a terrible situation where they may have to sell their assets to meet this new tax obligation or increase lease rates to their children so much that their own children’s business may become unviable.

“The government has consistently said this Bill targets the top end of town, people with hundreds of millions of dollars in their super accounts – not hard-working, family-run small businesses.”

The NFF and COSBOA are calling on the government and parliamentarians to listen to these concerns, come together and make sensible amendments to the Bill, so Australian families and small businesses aren’t adversely affected.

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