Re-introduction of the loss carry back rules
Client AlertLoss carry back Australia 2026 helps companies turn tax losses into refunds and improve cash flow.
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By: Elizabeth Lucas
23 Oct 2023 4 min read
The changes were announced in the 2023/24 Federal Budget as a way of addressing the amount of superannuation that goes unpaid so the ATO can detect this earlier. The desire is to introduce a system that is both workable and ‘adequately punitive’.
The government has recently issued a consultation paper to gather input on how we can actually make such a system work, so they can draft legislation to enact the changes.
From the questions raised in the consultation paper, it seems clear that the government is envisaging a future where payroll systems are integrated with the ATO’s systems, with the potential benefits of this including the mitigation of errors with tax file numbers and superannuation account details — to name a few. That is, employers won’t be able to set up employees in the system unless their details match what the ATO has on file.
For many employers, this may require a sizeable shift in terms of their payroll technology, which may also be quite costly. Many of these organisations may have only just finished paying off the payroll upgrades required to deal with Single Touch Payroll.
On the upside for employees, more frequent and earlier superannuation contributions should result in higher earnings in the employees’ funds. Of course, the flip side to this is that the need for employers to pay out earlier may affect financing arrangements for their businesses, and potentially increase the cost of doing business through additional interest charges.
The government’s consultation paper notes a number of potential difficulties with moving from a quarterly obligation to a pay day obligation, and in particular, how to deal with shortfalls and penalties.
July 2026 may seem a long way off, but there is plenty of work to be done in the meantime.
If you would like to contribute to a submission in response to the government’s consultation paper, or for further information, contact Elizabeth Lucas below.
Loss carry back Australia 2026 helps companies turn tax losses into refunds and improve cash flow.
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