Payday Super – Legislation introduced for concessional cap transitional rule
New Payday Super legislation addresses concessional contributions cap issues for 2026/27, but salary sacrifice and early payments remain key concerns.
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By: Vince Tropiano, Christine Cornish, Cliff Chang, Suzanne Chan
05 Mar 2024 7 min read

Terms such as ‘Top 100’, ‘Top 1000’, ‘Top 500’ and ‘Next 5000’ refer to large, multinational public or privately-owned taxpayers, further subdivided based on annual turnover or net asset thresholds.
Cutting through all this terminology, its important you know exactly what rules and frameworks your organisation should consider when it comes to tax governance. This ensures you have the practical tools to take action, managing real-life tax risks as they arise for you and simultaneously satisfy ATO expectations.
We’ve summarised the key ATO tax governance frameworks and guidance based on the ATO’s different taxpayer categories below:
Private companies or groups with one of the following criteria:
‘Tax governance’ is the umbrella term for the different documented steps and processes an organisation should have in place to ensure tax risks are appropriately identified and managed, at the operational, senior management and Board levels. This documentation is crucial so any new employees can understand and comply with the overall approach to tax risk from the start. This should also outline all taxes relevant to the organisation, based on its ownership structure, industry, or activities.
The public, multinational and privately-owned taxpayer populations are expected to apply tax risk frameworks tailored to each group’s profile. Public and large multinational groups have prescriptive Board and Management level controls; private groups have seven principles of effective tax governance. Underpinning both these frameworks is the common theme of detailing issues that taxpayers should think about when managing its tax risks.
In the first instance, taxpayers are expected to address every control and principle outlined in the published tax governance frameworks most relevant to them. However, the ATO’s current priority is obtaining documented evidence that taxpayers have addressed the following specific principles within those frameworks:
Public and multinational groups |
Privately held groups and high net worth individuals |
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Irrespective of which taxpayer population you belong to, there are three key actions everyone should take when addressing tax governance:
New Payday Super legislation addresses concessional contributions cap issues for 2026/27, but salary sacrifice and early payments remain key concerns.
The Government has introduced legislation for a minimum 30% tax on discretionary trusts from 1 July 2028. While some stakeholder feedback has been adopted, significant concerns remain around flexibility, complexity and the impact on private groups and SMEs.
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