Tag: grandfathering

I’ll have what’s she’s having: Labor’s superannuation policy

Posted on by Judith Sloan

download (10)For many people, superannuation is a key issue in terms of determining how to vote.  The Coalition clearly broke a clear and solemn promise not to increase taxation on superannuation and has come up with an over-engineered, unworkable dog’s breakfast, most of which will never be enacted.

For some, this is a line in the sand that has been crossed and we should expect the Liberal’s primary vote to be affected significantly in some electorates.

Most of thought that Labor’s superannuation policy was done and dusted but it now seems that all the net savings of the budget in relation to superannuation have been taken on board by Labor and the party is simply refusing to say which of the changes (and there were many) will be its policy and those that won’t.

There is just this reference in the Labor’s costings document:

Given Labor’s concerns about the Government’s superannuation changes, including retrospective elements, Labor would consult with stakeholders and take a broader examination of all these measures on coming to government.

So who knows?  If super is your thing, hang on to your hat.

Morrison has developed a very unpleasant inflexibility when it comes to discussing superannuation – he knows that he has stuffed up (thanks Martin Parkinson) but it is just too hard to admit it.

My guess is that Morrison will never lead the Liberal Party after this misstep.

Source: http://catallaxyfiles.com/2016/06/26/ill-have-whats-shes-having-labors-superannuation-policy/

A plucked superannuation goose will not yield tax reform

  • Terry McCrann
  • The Australian

Separated by three centuries, the timeless quotes of Jean-Baptiste Colbert and Willie Sutton capture in the first the essence of true tax reform and in the second the inevitability of tax reality.

They therefore identify what should be the ambition of Joe Hockey’s ‘conversation’ on tax; but also the likely outcome of what he has unleashed with the release of the Treasury tax paper: in brief, a replay on a bigger and likely more permanent scale of his disastrous first budget.

Colbert, a finance minister to the 17th century’s ‘Sun King’ Louis XIV, elegantly advised that: “The art of taxation consists in so plucking the goose as to obtain the largest possible amount of feathers with the smallest possible amount of hissing.”

Generally considered to highlight only the ‘efficiency’ objective of tax collection, when considered more holistically, it really also encapsulates what should be the parallel objective of an optimum tax system — equity. For a loudly hissing goose — geese — would suggest an absence of both.

While the quote from Sutton — who in the early decades of the 20th century was embarked on a less formally acceptable form of ‘plucking’ than Colbert and all his successors in all the countries around the world — might have lacked in elegance, it more than compensated in powerful logic.

Asked why he robbed banks, Sutton replied: “Because that’s where the money is.” Ah, the inevitability of tax: reformed or otherwise. And “where the money is” in 21st century Australia is in the near $2 trillion superannuation pool.

That is to say, it’s the last big pool of lightly taxed money, the ‘plucking’ from which — especially if you are targeting that amorphous category of ‘the rich’ — will likely cause the least amount of not so much audible but acceptable (to the chattering classes) hissing.

Who could possibly deny the ‘equity’ of ending the ‘rich’s’ super tax rorts; and for that matter, let’s throw in the dividend imputation rort, negative gearing and the capital gains discount.

Well the case is actually nowhere near as self-evidently clear-cut as claimed. At core it rests on the casual assumption that the neutral rate of tax is 100 per cent and anything less is a tax concession or expenditure.

Superannuation is taxed at two levels: at contribution and subsequently in earnings. Yes, both are taxed at lower levels than other forms of income; but there is a very huge price to be paid for that — you lose access to the money for decades.

Lost in Joe’s ‘conversation’ this week was also the fact that the super contributions of ‘the rich’ are already taxed at a higher rate. Introduced by Treasurer Wayne Swan in 2012, anyone earning more than $300,000 now pays 30 per cent tax, everyone else is still at 15 per cent.

Yes, that’s less than the 47 per cent — ‘temporarily’ hiked to 49 per cent by Joe last year — to be paid if the money was paid as salary. And yes, the earnings on the 70c in every dollar left will then only be taxed at 15 per cent.

But to repeat, the taxpayer cannot access that money, as against the 53c (51c) in the dollar of ordinary earnings. Further, the taxpayer can redirect money coming directly to him or her into low tax or no tax or even tax-loss generating alternatives. Or more simply be spent, with an eye to a taxpayer-funded pension in retirement.

Simply and clearly, superannuation should be taxed at a lower rate than ordinary income on both equity and efficiency grounds. Equity, as a fair trade off for the inflexibility it imposes; efficiency, otherwise no money other than mandated would flow into super.

With both equity and efficiency served by the central objective of our universal super scheme — that in time the tax concessions will be effectively repaid by a retiree not getting the old-age pension or at least not a full pension.

A casual assumption of utter stupidity hung over much of the ‘conversation’ in the idea that a super balance of more than $2 million was ‘more than enough’; that it would finance a ‘high income’ in lifetime perpetuity.

Yes it might, in the context of the 10 per cent-plus income returns of the last two decades. But not if we are entering a future of 2-3 per cent returns — especially in fixed interest securities which should form the bulk of super balances in retirement pension mode.

While a $2 million ‘balanced’ portfolio is vulnerable to being cut 20-30 per cent in another GFC. Suddenly a ‘rich’ self-funded retiree might be struggling to live on $45,000 a year.

While that might sound reasonable right now, what of a return of inflation? Even modest 5 per cent inflation cuts the value of a super balance in half after 14 years.

By then an income of effectively $22,500 a year would no longer sound quite so ‘rich’. It would also almost certainly see such a ‘rich retiree’ back on the pension — somewhat defeating the purpose of the exercise.

Perhaps our good treasurer would have been best advised to have had a ‘conversation’ with himself before unleashing his ‘good idea’, which will inevitably turn ‘tax reform’ into tax increase, neatly replicating last year’s budget. Back then Hockey had the ‘good idea’ of the ‘temporary’ high income levy as the sop to the ABC, Fairfax et al for the other budget cuts.

Apart from earning exactly zero credit — indeed he was flayed for breaking the ‘no new taxes’ promise — what did we get? The high income levy and precious little of the rest.

His tax ‘conversation’ is headed the same way. We are likely to see increased taxes on the rich/ high income earner super and precious little of any real tax reform. Thus does a Liberal treasurer become the instrument of a higher tax ‘consensus’.

Government Destroys Financial Adviser’s Trust in Superannuation

26 June 2016

I have been an ASIC-registered Financial Adviser for more than three decades. Over that time, I have provided my clients with retirement-planning advice. I have promoted the Government’s (both Liberal and Labor) carrot and stick message of (1), the increased long-term vulnerability of the aged-pension and, (2), tax concessions specifically structured to encourage self-funding superannuation retirement savings.

ASIC requires me to give my clients a Statement of Advice (“SoA”). It sets out the Government’s superannuation tax incentives. Those tax incentives underpin my SoA’s recommendations. They are crucial to the client’s decision. I am invariably asked “What happens if the Government changes things?”. UntiI now, I have always answered: “In my long-term experience, Governments have always ‘grandfathered-in’ protection for existing arrangements.”  

But Treasurer Scott Morrison, in his May 2016 Budget, changed all that.

Last year, before that Budget, he said to the Australian people:

“The Government has made it crystal clear that we have no interest in increasing taxes on superannuation either now or in the future.

… unlike Labor, we are not coming after people’s superannuation…”

Not only did the Government not do what the Treasurer promised, they did precisely what the Treasurer promised that the Government would not do.

The Government came after people’s superannuation and announced proposed increased taxes on superannuation.

Furthermore, the Treasurer added insult to injury. He announced those increased taxes without also announcing that Australians who had acted in good faith and saved for their retirement under the then existing rules, would have their superannuation savings protected by grandfathering.

What am I supposed to tell my clients now, when they ask me, as they will, “What happens if the Government changes things?

Am I now to say, “Well, I remember the Liberal Government’s May 2016 Budget. I wouldn’t put my savings into superannuation because you can’t trust the Government not to change the rules, and not protect your savings by grandfathering the existing rules”.

Jim Brownlee,

Authorised Financial Adviser Representative.

Berwick, Victoria


Save Our Super Disclosure:

The author of the above letter, Jim Brownlee, is a long-standing and close friend of Jack Hammond’s – the founder of Save Our Super. From 1965 to 1974 they were partners/shareholders and directors of Brownlee Hammond & Associates Pty Ltd, Insurance Brokers. Since then, Jack Hammond has no financial or any other interest in any business associated with Jim Brownlee. They remain good friends. Jim Brownlee requested Jack Hammond to review and publish the above letter. The final form of the letter was authorised by Jim Brownlee.

Election 2016: Chill winds blow for Kelly O’Dwyer in the once-safe seat of Higgins

Click here for the original article in the Sydney Morning Herald on June 25 2016
Election 2016: Chill winds blow for Kelly O’Dwyer in the once-safe seat of Higgins

Date
June 25, 2016

Tony Wright
National affairs editor of The Age

kellyodwyer-jasonball-carlkatter

Kelly O’Dwyer, Jason Ball and Carl Katter. Photo: Jason South

A keen breeze slices down Glenferrie Road and skirls around the cold bluestone of St George’s Anglican Church in Malvern.

Colour-coded knots of earnestly smiling greeters huddle on the church centre’s driveway, stamping their feet, grasping sheafs of how-to-vote flyers in gloved hands and looking sideways at each other.

The T-shirts of an enthusiastic little army supporting the Greens’ candidate, Jason Ball, dominate the entrance to the church grounds.
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Further up the path is a corp in red: Labor Party believers seeking votes for the ALP’s candidate, Carl Katter.

Here and there are volunteers in the orange of Nick Xenophon party’s offering the cards of candidate Nancy Basset.

Blue seems everywhere, but is concentrated around a coated and booted figure so familiar around here that she does not need to wear her party’s colour. It’s Kelly O’Dwyer, Liberal member for Higgins, federal Minister for Small Business and Assistant Treasurer.

Here is the pre-poll centre for Higgins and several other electorates in Melbourne’s inner south-east.

In a federal election judged by most commentators to have failed to engage the public, the pre-poll centre at the St George’s Church hall is busier than anyone can remember.

There is something close to a sense of urgency, as if it were not the blue-ribbon Liberal seat that it has always been since it was established in 1949, but a marginal, out on the edge.

Cars nose in and out of the drive, dodging the massed spruikers, and a steady stream of pedestrians files in, despite the chill.

The political candidates and their volunteer teams radiate welcome to those planning to vote, but there is a discernible iciness between the camps.

Labor’s Carl Katter – estranged half-brother of the maverick north Queensland independent Bob Katter – says he was overwhelmed with happiness and pride at the start of the campaign when he discovered there would be two openly gay candidates in this one seat: him and the Greens’ Jason Ball, who in 2012 became the first Australian rules footballer to come out as homosexual.

Katter says he and his half-brother don’t talk any more because of Bob Katter’s homophobic attitudes, and Higgins, about as far as he could be from his Mount Isa childhood, has become his comfort zone.

“On my research only 5 per cent of this electorate identifies as LGBTI, but here were two of us standing in Higgins – I thought how wonderful.”

But Katter’s mood darkens when he speaks of the Greens publicising a poll that purported to show that Jason Ball would gain more votes than him. Labor’s candidate at the last election gained 24.1 per cent of the Higgins vote, while the Greens got only 16.8 per cent.
Carl Katter, Labor candidate and estranged half-brother of Bob Katter.

Carl Katter, Labor candidate and estranged half-brother of Bob Katter. Photo: Ten Network

“To be fair, that poll the Greens put out … well, it was just too much,” says Katter. He professes to know more than most about campaigning. He says that when he and Bob were children, their father Bob Katter snr – a Country Party MP for 23 years – would put the two boys in the back of his ute with a big sound system and park outside the roughest pub in Mount Isa.

“We’d have to dodge all the beer cans being thrown at us,” he says.

Now, he claims, he has suffered something worse in Higgins: homophobic attacks from people he claims are Greens supporters. He will offer no detail, saying he doesn’t want to give the matter oxygen.

About the only cause that now appears shared between Katter and Ball is opposition to a plebiscite on gay marriage. They both insist it should be settled by Parliament.

The poll Katter is referring to was undertaken for the Greens by Lonergan Research.

Its published findings throw assumed wisdom about Higgins on its ear.

Most glaringly, it found Kelly O’Dwyer’s primary vote collapsing by 10 points since the last election – down to 44.1 per cent from 54.37 per cent.

Should this prove to be accurate – and the Liberal camp doesn’t accept it – O’Dwyer would be the first Liberal member for Higgins forced to preferences.

The poll also found that Ball would get almost one-quarter of the Higgins’ first-preference vote – well ahead of Labor – and on stated preference flows, the Greens would receive 47 per cent to O’Dwyer’s 53 per cent.

Unsurprisingly, Ball and his supporters have taken much heart from the figures, claiming they have time to build on them.
Jason Ball poses for a selfie while campaigning for Higgins.

Jason Ball poses for a selfie while campaigning for Higgins. Photo: Eddie Jim

Ball and his young tech-savvy team have been busily outplaying all the other candidates on social media – Ball’s Facebook site has almost 23,000 followers, compared with O’Dwyer’s 9000 and Katter’s 1900 – and he has taken direct mailing campaigning to the cutting edge, too.

He has been sending letters addressed to the younger members of each Higgins household in the hope they might influence their parents and grandparents to vote Green – something Ball says he has anecdotal evidence is happening.

His letter cheekily declares that “unlike most seats, which are a choice between Labor and Liberal, here in Higgins, the contest is between the Greens and the Liberals”.

He ends it by offering his email address and his personal mobile phone number (something most politicians keep confidential), saying “it would be my pleasure to have a chat”. He spends much of his time with the phone glued to his ear.

Ball claims O’Dwyer has been dodging the media and public meetings since the poll came out and attracted the interest of The Age, which pondered in print the unthinkable: could O’Dwyer become the new Sophie Mirabella, who sensationally lost her safe seat of Indi to independent Cathy McGowan at the last election?

In fact, O’Dwyer does not appear to be dodging anyone on the day The Age visits the pre-poll centre.

“I’m out and about doing what I’m normally doing,” she says cheerily, grasping the hands of well-wishers, chatting and handing out her Liberal how-to-vote cards.

She is assisted by her sister Kate and her mother Karen in a sort of echo of what is happening at the other end of the pathway, where Jason Ball’s mother Helen and his sister Melissa are working the voters, too.

O’Dwyer is, however, not simply battling the Greens and Labor and several smaller parties.

Her biggest danger could be from friendly fire: Liberals infuriated by proposed changes to superannuation.

On Monday a new organisation called Save Our Super established by Melbourne QC Jack Hammond held a rally at the Malvern Town Hall, just down the street from the pre-polling centre.

The meeting, calling on the government to “grandfather” the impact of proposed changes on existing superannuation accounts, was attended by more than 200 people, many of them from O’Dwyer’s natural constituency: well-heeled Liberals looking at retirement or already in it.

O’Dwyer was invited to attend, but did not. Hammond left a seat vacant to underline her absence. Paraphrasing Menzies’ “forgotten people”, Hammond – who once advised prime minister Malcolm Fraser, declared self-funded retirees were now “the disposable people”.

The mood among attendees, he says, was “white-hot rage”. As for O’Dwyer – she’d stopped taking his telephone calls.

O’Dwyer avoids the matter of superannuation when The Age inquires.

“Oh, there’s a lot of talk about superannuation, but most people are concerned about the economy,” she says, and hastens to build on the government’s wider economic narrative.

Australians had become accustomed to 25 years of uninterrupted economic growth, but were concerned that conditions were growing difficult.

They wanted to be reassured that their children and grandchildren would have the opportunities they had, but that could only be achieved through a growing economy, which only the Coalition could offer.

Meanwhile, O’Dwyer dismisses other groups opposing her.

GetUp, an organisation professing to be an independent movement to build a progressive Australia, is distributing material urging voters in Higgins to put her last on their ballot papers.

“GetUp always advocates for the Greens,” O’Dwyer says.

And the Animal Justice Party, which is fielding in Higgins a psychologist and academic Eleonora Gullone, “boasted that they got the Greens elected in [the state seat] of Prahran”, O’Dwyer’s sister chips in.

As Australia heads to its first winter federal election since Bob Hawke took the nation to the polls in July 1984, the air seems likely to become even frostier in Higgins, where it once seemed so easy for Liberal candidates.

Here once stood two prime ministers, Harold Holt and John Gorton, the urbane long-termer, Roger Shipton, and the longest-serving treasurer in Australian history, Peter Costello. O’Dwyer was once Costello’s chief of staff. Happier days.

Brexit means the Government must pause and re-think on superannuation

logoasalogoaialogosisfa logosoacropped-SaveOurSuper_Horiz.jpg

26 June 2016

The economic shock waves from Brexit mean the Government must pause and re-think its superannuation tax plans if it is elected next Saturday.

The retirement savings of Australians are now vulnerable to the buffeting they will receive as the global economy adjusts to Brexit. Superannuation fund investment strategies and expected returns on fund assets are now much more uncertain. The share market will be more volatile, interest rates may stay lower for longer and investment values will be affected by variations in exchange rates and trade flows.

In these circumstances, new taxes and new limits on superannuation savings will diminish the capacity of superannuation funds to deliver dependable and adequate returns to their members in line with their investment strategy and anticipated retirement income.

The superannuation funds to which most Australians entrust their retirement savings are not protected against economic turbulence, whether they are self-managed or run by professional fund managers. They are exposed to investment risk, including the loss of capital, and longevity risk.

In contrast, the defined benefits funds that politicians and public servants enjoy are guaranteed for life by government at the cost of taxpayers and are immune from adverse economic conditions.

In the current circumstances, it would be unfair and unwise for the Government to proceed with its superannuation tax plans. Politicians should not expose the retirement savings of others to risks they do not bear themselves. They should not be imposing new structural changes on superannuation when the investment climate is so uncertain.

If elected, the Coalition should immediately put its superannuation tax plans on hold until the consequences of Brexit become clearer. This is consistent with the Prime Minister’s message at his campaign launch today that in the wake of Brexit Australia needs stability in economic policy.

If elected, the Government should also review the unfair impact of its superannuation changes on people who have invested in superannuation under the rules and now find their retirement savings are to be taxed. The Government should ‘grandfather’ the rules that applied prior to the Budget on 3 May.

The Government should also review the numbers that underpin its policy. We have shown through analysis by Dr Ron Bewley, former Professor of Econometrics and Head of the School of Economics at the University of NSW, that the numbers on which the Government justifies its policy do not add up.

A fund of $1.6m is not enough to last all of retirement for all people – to do that it would need to be twice as large, $3.2 million. Nor will a fund of $1.6m deliver four times the age pension, nor an income equivalent to $100,000 from a defined benefit fund as the Government has claimed. Dr Bewley’s analyses can be found here – www.smsfoa.org.au

The numbers on which the Government justifies its superannuation changes do not stack up and should be independently audited.

As well as hitting the pause button on its superannuation tax policy, the Government should engage in genuine consultation with superannuation investor groups. So far it has fallen short of proper consultation.

The Tax White Paper process was cut off at the knees even before an options paper was released; there was no consultation on the significant structural changes to superannuation in the Budget; and consultation on the objective of superannuation was merely expedient. The thoughtful submissions by many superannuation groups have not yet even been published on the Treasury website.

There has been no answer from the Government on the many basic questions being asked about how the superannuation tax changes will affect them.

There is widespread dismay among Australians who have retired, and among those approaching retirement, that the Government’s superannuation changes will disrupt their retirement plans and diminish the income they expected to rely on in retirement.

Many people have told us they will now have to defer their retirement and work longer.

Many have found that the back-dated non-concessional contributions cap, in particular, has wrecked their retirement savings plans.

Abrupt changes to superannuation break the implicit contract between government and the people: in return for requiring people to lock-up part of their income for the whole of their working lives, the government provides incentives to encourage savings and should ensure that the rules of the game are not changed midstream to adversely affect people who have made savings in good faith.

If younger people are to have confidence in superannuation, they need to be assured that the savings they make now under the current rules should still be intact in decades hence and not diminished by government policy changes in the meantime.

Changes to the superannuation rules should always be prospective with prior savings and caps ‘grandfathered’ to honour the policies under which the savings were made.

Retirement savings are such an important element in the economic and social fabric of Australia that the rules should not be changed by one political party or the other, but should only be made after thorough review, proper consultation and with bipartisan agreement.

Contact:

Duncan Fairweather

Executive Director

SMSF Owners’ Alliance

dfairweather@smsfoa.org.au

0412 256 200

www.smsfoa.org.au

Australians’ Trust In Superannuation Betrayed And Undermined

People caught by the Federal Government’s proposed super changes feel that the Government has betrayed their trust.

Jack Hammond QC – Save Our Super

Australians’ Trust In Superannuation Betrayed And Undermined

Certain of the proposed changes are manifestly unfair, unreasonable and undermine trust in government if they are not grandfathered.

Jack Hammond QC – Save Our Super

Australians’ Trust In Superannuation Betrayed And Undermined

It’s not so much the money involved but the bad precedent those superannuation changes establish.

Jack Hammond QC – Save Our Super

Australians’ Trust In Superannuation Betrayed And Undermined

If the government wants to change the rules they need to make these people exempt. You shouldn’t be penalised for acting in accordance with the rules.

Jack Hammond QC – Save Our Super

Australians’ Trust In Superannuation Betrayed And Undermined

It’s unfair and unreasonable to Australians who now or will rely on superannuation for their retirement income to make new rules which significantly affects them by penalising their actions taken in good faith, encouraged by the government, under the then existing rules.

Jack Hammond QC – Save Our Super

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