$400k extra tax for top earners under Labor plan, Treasury says

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Key Takeaways

  • The top 1 % of Australian earners have gained roughly $700,000 over their lifetime from existing investment‑tax concessions, versus only $5,700 for median earners.
  • Treasury Secretary Jenny Wilkinson estimates that, if the May‑budget capital‑gains tax (CGT) reforms had been in place since 2000, the top 1 % would have paid an additional $400,000 each in tax over their working lives.
  • The government’s proposal seeks to remove “inflation‑only” concessions on capital gains, tighten negative‑gearing rules, and curb trust‑based tax avoidance, aiming to rebalance the tax system in favour of wage earners.
  • Business groups warn the changes could affect about 200,000 small‑to‑medium enterprises that currently qualify for CGT exemptions, arguing the reforms may discourage investment.
  • Wilkinson stresses that fiscal policy should complement, not counteract, monetary policy, and highlights the need to rein in NDIS cost growth to keep the scheme sustainable.

Impact of Current Tax Arrangements on High Earners
Commonwealth Treasury secretary Jenny Wilkinson told the Australian Business Economists lunch in Sydney that the nation’s wealthiest 1 % have benefited disproportionately from the present tax treatment of investment income. She noted that the average top‑income earner has enjoyed roughly $700,000 in lifetime tax advantages from concessional treatment of capital gains, dividends, and related investment income. By contrast, a median income earner has received only about $5,700 in similar benefits over a working lifetime. Wilkinson argued that this disparity stems from the ease with which capital income can be shifted across entities, jurisdictions, or time periods to minimise tax liabilities, allowing high earners to “systematically move the realisation of capital gains to years in which their income was lower.”

Projected Revenue Effect of the May‑Budget Proposal
If the federal government’s May‑budget capital‑gains tax reforms had been operative since the year 2000, Wilkinson estimated that each individual in the top 1 % would have paid an additional $400,000 in tax over their career. This figure reflects the cumulative impact of tightening the CGT discount, limiting negative gearing on investment properties, and curbing trust‑based income splitting. The proposal is designed to recapture a portion of the tax advantages that presently accrue mainly to wealthier Australians and redirect that revenue toward broader‑based relief for wage earners.

Details of the Government’s Tax Reform Package
Treasurer Jim Chalmers unveiled a suite of changes targeting negative gearing, the capital‑gains tax discount, and certain trust structures. The core idea is to rebalance the tax system by reducing concessions that primarily benefit investors and high‑income individuals, while delivering a $250 tax break to millions of workers. The reforms would:

  1. Negative gearing – restrict the ability to offset rental losses against other income, thereby limiting a key tax‑saving tactic for property investors.
  2. Capital gains tax – reduce the discount from 50 % to a level that merely compensates for inflation, eliminating the “pure” concession that currently encourages timing of asset sales for tax advantage.
  3. Trusts – tighten rules that allow income to be streamed to beneficiaries in lower tax brackets, curbing a common vehicle for tax minimisation.

Chalmers framed the package as a measure to increase fairness and to fund the promised worker rebate without expanding the deficit.

Treasury Secretary’s Defence of the Reforms
Wilkinson pushed back against business claims that the CGT changes would deter investment. She said there is no clear economic evidence supporting the continuation of concessional capital‑gains treatment beyond inflation compensation. According to her, the existing concessions mainly enable tax planning rather than productive investment. She also dismissed calls to limit the reforms to housing, arguing that a broad‑based approach is necessary to prevent the creation of new loopholes elsewhere. Wilkinson added that, had these measures been in place earlier, the “vast majority of young people and average income earners would have been better off,” implying a long‑term equity gain from the reforms.

Business Community Concerns
Industry groups have reacted sharply, warning that the proposed CGT adjustments could jeopardise around 200,000 small‑to‑medium enterprises (SMEs) with turnovers between $2 million and $10 million. These firms currently rely on four CGT exemptions that apply only to businesses with turnover under $2 million and net assets under $6 million—thresholds unchanged since 2007. The exemptions include:

  • A full CGT exemption for owners aged 55 + who sell their business after ≥15 years to retire.
  • A 50 % CGT reduction after the standard discount on the sale of “active” business assets.

Business lobbies contend that tightening these rules would remove a vital incentive for entrepreneurship and succession planning, potentially discouraging investment in the very sectors the government aims to stimulate.

Fiscal‑Monetary Policy Coordination
During a “fireside chat” with Australian Business Economists chair Besa Deda, Wilkinson emphasized the importance of aligning fiscal and monetary policy. She revealed regular consultations with Reserve Bank of Australia governor Michele Bullock and argued that fiscal policy is not well suited to fine‑tuning the business cycle. Instead, she sees its primary role as providing automatic stabilisers—such as rising unemployment payments and falling tax receipts during downturns—to cushion economic shocks. Wilkinson acknowledged that fiscal stimulus can be valuable during major crises like the global financial crisis or the COVID‑19 pandemic, but stressed that routine fiscal adjustments should avoid working at cross‑purposes with the RBA’s inflation‑targeting mandate.

NDIS Cost Sustainability
Wilkinson also touched on the National Disability Insurance Scheme (NDIS), warning that its current trajectory poses a fiscal risk. She projected that, without reform, NDIS expenses could swell to 2.2 % of GDP (over $100 billion annually) by 2034‑35. To keep the scheme viable, she advocated measures to slow the growth of NDIS costs, aiming to hold spending to around 1.7 % of GDP by the same horizon. Containing NDIS outlays, she argued, is essential for preserving fiscal space for other priorities, including the tax reforms intended to benefit wage earners.

Senate Inquiry Timeline and Outlook
A Senate inquiry into the contentious CGT and negative‑gearing proposals is scheduled to conclude by June 22, before Parliament adjourns for the winter break on July 2. The inquiry’s findings will shape any final adjustments to the legislation before it proceeds to a vote. While Prime Minister Anthony Albanese has cautioned that the public should “not expect big changes” to the core CGT reforms—stressing the government’s intent to close existing loopholes without creating new ones—the outcome of the inquiry and ensuing parliamentary debate will determine the precise scale and timing of the measures.


In summary, the Treasury’s analysis highlights a pronounced lifetime tax advantage for Australia’s top earners under the current system, estimates significant additional revenue if the proposed CGT and negative‑gearing changes had applied since 2000, and defends the reforms as necessary for equity and fiscal integrity. Business groups warn of potential adverse effects on SMEs, while Wilkinson underscores the need for fiscal‑monetary coordination and prudent NDIS spending to safeguard the nation’s long‑term budgetary health.

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