Weekly Bulletin
The news you need to know this week
TAX · Monday 28 September 2026
ATO: More than 52,000 tip-offs made during 2025–26
The ATO has advised that new statistics show more than 52,000 tip-offs were made during 2025–26, with approximately 1,000 reports every week from community members concerned about businesses and individuals doing the wrong thing. The ATO said that the community is continuing to speak up when they see unacceptable behaviour, like people evading their fair share of tax, employers not paying their employees super and other shadow economy activities. The ATO also said that the community is playing an increasingly important role in protecting honest businesses and maintaining confidence in the tax and super system.
Addendum: Meaning of employer for short-term visit exception in treaties
An addendum has been issued to TR 2013/1: Income tax: the identification of “employer” for the purposes of the short-term visit exception under the Income from Employment Article, or its equivalent, of Australia's tax treaties to account for the decision of the Full Federal Court in JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76 and the High Court in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1. Among other things, the addendum provides that in determining an “employer” in this case, consideration of the ordinary meaning of employee as well as the context and purpose of the treaty provision should be taken into account.
ATO: Transparency report for R&D tax incentive
The ATO has published its annual Research and Development tax incentive (R&DTI) “transparency” report, revealing almost $17 billion was invested in qualifying research and development by companies in 2023–24. The report contains data on over 13,400 companies that claimed the tax incentive for R&D expenditure for the 2023–24 income year, comprised of 51% of small businesses, 31% of privately owned and wealthy groups, and 18% of public and multinational groups reporting R&D expenditure.
TUESDAY · Tuesday 29 September 2026
Update: PS LA 2001/6 — verification for electronic device usage expenses
The ATO has updated PS LA 2001/6: verification approaches for electronic device usage expenses – phone calls and data. It has been updated to provide clarity in relation to phone and internet expenses being work expenses which must be substantiated with written evidence. It has also been updated to remove the material re “the method for claiming incidental phone and internet usage expenses (up to $50 total) with limited documentation” — as the standard deduction in s 25-130 of the ITAA 1997 makes this unnecessary.
NSW payroll tax: exemptions for employment agency contracts
Revenue NSW has advised that it has published a new webpage dedicated to businesses who hold employment agency contracts with employers exempt from payroll tax. The webpage explains: when wages paid under an employment agency contract may be exempt from payroll tax; what employment agency wages are exempt; when a Relevant Declaration from the client is required; how to complete the declaration; and record keeping requirements for the exemption.
Vic taxes: Compliance areas of focus 2026–27
The State Revenue Office of Victoria has advised that in 2026–27 it will run extensive compliance activities across all revenue lines and grants it administers. It said it will continue to support voluntary compliance and focus its compliance activities on areas where data and intelligence indicate a higher likelihood of error, misunderstanding or deliberate or systemic non-compliance. Its priorities will include specified activities in the areas of: payroll tax; land tax; vacant residential land tax; land transfer duty; landholder duty and First Home Owner Grants.
WEDNESDAY · Wednesday 30 September 2026
Deregistered tax agent successful in having “preclusion” period removed
A tax agent whose registration was terminated and was subject to a ban from re-applying for 6 months has been successful in having the 6 months “preclusion period” removed — but otherwise the ART confirmed the decision to terminate his registration. The Tax Practitioners Board had taken the action it did on the basis that the tax agent had, among other things, failed to act with “honesty and integrity” — especially in relation to his own outstanding tax debt of some $700,000 (including GIC) together with his failure to properly comply with a repayment plan with the ATO.
In confirming the decision to terminate his registration, but in removing the preclusion period, the ART accepted that this would better allow him to pay down part of his tax debt and negotiate the remission or forgiveness of the remainder with the ATO. (Wood and Tax Practitioners Board (Taxation and business) [2026] ARTA 2186, 28 September 2026)
Foreign resident fined for breach of Foreign Acquisitions and Takeovers Act
A foreign resident has been fined a penalty of over $500,000 by the Federal Court for contravention of s 96(1) of the Foreign Acquisitions and Takeovers Act 1975. The Commissioner successfully argued that he wrongfully failed to construct one or more dwellings on property he had purchased in Victoria within 4 years of the date of the relevant “no objection notification”. Accordingly, the Court granted the orders sought by the Commissioner. (FCT v Li (No 2) [2026] FCA 1424, 28 September 2026) See also ATO comments.
ATO reminder: TFN reporting changes for closely held trusts
The ATO has issued a reminder that trustees of closely held trusts are no longer required to lodge a quarterly TFN report for periods after 30 June 2026. Instead, they must now report beneficiary TFNs in the statement of distribution when completing their trust tax return. The ATO also said that from 1 October 2026, they will no longer be able to lodge TFN reports through standard business reporting-enabled software.
THURSDAY · Thursday 1 October 2026
ATO to stop accepting credit card payments after 30 November 2026
The ATO has advised that following the Reserve Bank's Review of Merchant Card Payment Costs and Surcharging, the ATO will stop accepting credit cards as a payment method after 30 November 2026. It said that as a government agency, the ATO has decided it would not be appropriate for the cost of credit card merchant fees to be transferred to the community. Alternative payment options for taxpayers are outlined at www.ato.gov.au/howtopay. The ATO recognises that some taxpayers currently rely on credit card payments to manage their tax payments and understands this change may require some adjustments. The ATO said it is committed to helping taxpayers transition to alternative payment methods and will continue to support those experiencing financial hardship or other circumstances that make it difficult to meet their obligations.
Taxpayer fails in claims of LPP in residency dispute
In an interlocutory matter, a taxpayer has been unsuccessful before the ART in arguing that certain documents were subject to legal professional privilege (LPP) and could not be subject to production. The documents were associated with an expert opinion from an overseas law firm as to whether the taxpayer was a resident of that overseas country, in circumstances where the ATO had formed the opinion that the taxpayer was a resident of Australia and therefore was subject to income tax on the amount of certain deposits and interest received in the relevant years. In finding that LPP did not apply, the ART said that the taxpayer had waived privilege when the report and related documents were filed with the Tribunal. (QGJS and FCT (Practice and procedure) [2026] ARTA 2206, 29 September 2026)
APRA: Proposals to strengthen trustee investment governance
APRA has released a package of proposals to strengthen trustee investment governance and better protect members’ retirement savings. The reforms are the next phase of APRA’s multi-year focus on lifting investment governance standards across the superannuation industry, particularly within the platform trustee segment. The proposals directly address shortcomings identified in APRA’s 2025 review of platform trustee practices. They would strengthen requirements across eight key areas of risk and build on existing obligations for trustees.
ASIC releases 2026–27 supervisory priorities
ASIC has published its supervisory priorities for 2026–27 for the banking, superannuation, general insurance, life insurance and financial markets sectors to provide greater transparency of priorities and give industry early visibility on planned activities. This initiative responds directly to industry feedback and helps regulated entities prepare and allocate resources appropriately. ASIC said it engaged and collaborated with APRA and other regulators in deciding the relevant activities subject to its supervisory priorities for 2026–27.
FRIDAY · Friday 2 October 2026
PS LA 2026/2: Late payment of Payday Super — exceptional circumstances
The ATO has issued PS LA 2026/2: Payday Super: exceptional circumstances determinations. It provides guidance to ATO staff on when the Commissioner may make an exceptional circumstances determination under s 18C(4) of the Superannuation Guarantee (Administration) Act 1992 for the purposes of allowing additional time for affected employers to make “on-time” eligible contributions. It sets out events that constitute exceptional circumstances and the considerations relevant to allowing a longer period of time to make eligible contributions.
ATO’s annual Corporate Tax Transparency report
The ATO has published its annual Corporate Tax Transparency report which reveals that the 4,299 entities paid a combined $87.5 billion in 2024–25. The ATO said that these tax revenues are inherently linked to broader economic trends. The results continue to reflect strong levels of voluntary compliance. The ATO also emphasised that the effectiveness of ongoing investment in the Tax Avoidance Taskforce over many years has also ensured large businesses pay the right amount of tax. Finally, it was noted that the mining industry remains the largest contributor to tax payable, despite weaker global commodity prices. See the Assistant Treasurer’s media release.
SUPER & FINANCIAL SERVICES · Friday 2 October 2026
Super tax concessions projected to overtake Age Pension spending
Treasury's 2026 Intergenerational Report, released on 21 September, projects super will become the main source of retirement income for many retirees as the system matures. The main super projections are:
• the median balance for people aged 65–69 will approach $450,000 in nominal terms by 2036–37, up from $204,000 in 2024
• drawdowns from super will rise from 2.5% of GDP in 2025–26 to 5.8% in 2065–66
• Age and Service Pension spending will fall from 2.3% to 1.8% of GDP over the same period, even though the number of people over Age Pension age will double to around 9 million
• super tax concessions will rise from around 1.7% to 2.7% of GDP, driven by earnings concessions, and overtake Age Pension spending in the late 2030s.
Together, age pensions and super tax concessions are expected to cost around 4.5% of GDP beyond the medium term.
The report also notes that many retirees still hold substantial balances when they die. In 2022–23, the median balance for people aged 65 and over in the year before death was $76,000, and around a quarter held more than $250,000. The Government says it is progressing reforms to help retirees make better use of their super in retirement.
ART rules citizen’s unclaimed super is not a DASP
The Administrative Review Tribunal (ART) has ruled that a payment of unclaimed super to an Australian citizen was not a departing Australia superannuation payment (DASP). The ATO had treated it as a DASP because he had briefly held a temporary visa. His old fund had transferred the balance to the ATO as unclaimed super. The ATO then released it under section 20H of the Superannuation (Unclaimed Money and Lost Members) Act 1999. That section applies where a person held a temporary visa that has ended and left Australia at least 6 months ago. Section 301-170(2) of the ITAA 1997 automatically deems a payment under section 20H to be a DASP.
The ART found the DASP regime was intended only for temporary residents and should not apply to a citizen whose super was earned while a permanent resident or citizen. The member had reached age 65 and the ART decided that his withdrawal should not attract DASP tax.
By way of background, DASP tax is withheld at 35% from the taxed element of the taxable component and 45% from any untaxed element. The tax-free component is not taxed.
Treasury consults on gaps in MIS regulation
Treasury has released a consultation paper on enhanced data collection for managed investment schemes (MISs). Submissions close on 23 October 2026.
Announcing the consultation, the Assistant Treasurer said the sector now comprises thousands of schemes and around $3 trillion invested in registered and unregistered MISs. The paper proposes collecting more information when a MIS is registered, introducing a recurring data collection for registered MISs and improving visibility of the unregistered sector. The aim is to close information gaps so regulators can identify and respond to risks of consumer harm.
The consultation was announced in the 2026–27 Budget. It is also one of three MIS governance measures in the Government's 19 August reform package, which responds to the collapse of Shield and First Guardian. The package will also:
• give the Auditing and Assurance Standards Board, soon to become External Reporting Australia, the power to make mandatory audit and assurance standards for auditors of MIS compliance plans
• require responsible entities to notify ASIC when they freeze or limit an investor's ability to make redemptions.
Frozen redemptions are one of the early distress signals in a scheme, and there is currently no obligation to tell the regulator. Both collapsed schemes restricted redemptions well before liquidation.
ATO reconfirms NOI requirements
In a recent private ruling, the ATO has reconfirmed the notice requirements for claiming a personal super contributions deduction. Under subsection 290-170(1) of the ITAA 1997:
• the member must give the trustee a valid notice, in the approved form, of their intention to claim the deduction
• the notice must be given before the earlier of the day they lodge their tax return for the year of the contribution and the end of the following income year
• the trustee must have given the member an acknowledgement of receipt of the notice.
The Commissioner has no discretion to waive these requirements.
In the ruling the taxpayer posted a notice of intent after making a personal contribution. The fund said it never received it and no acknowledgement was issued. The fund refused to accept a new NOI as the deadline had passed.
ATO reconfirms when a pre-death withdrawal becomes a death benefit
In a recent private ruling, the ATO has reconfirmed that a lump sum requested before a member's death, but paid after it, can be a death benefit. In this case the member died before the attorneys supplied the fund with the member's bank details. The ATO found the request only became valid after death, so the payment was a death benefit.
That meant the taxable component was subject to withholding tax as it was paid to a non-tax dependant.
