Date posted: 09/08/2022

Submission on taxation of military superannuation benefits

Joint CA ANZ/CPA submission on Treasury Laws Amendment (Measures for a later sitting) Bill 2022: Taxation of military superannuation benefits

In brief

  • Following the decision of the Full Federal Court in Commissioner of Taxation v Douglas
  • A missed opportunity to review the policy reasoning behind the taxation of payments from superannuation

Following the decision of the Full Federal Court in Commissioner of Taxation v Douglas, which considered on appeal the status of invalidity payments made under the Military Superannuation and Benefits Scheme (MSBS) or the Defence Force Retirement and Death Benefits Scheme (DFRDBS).

The Exposure Draft Bill is intended to ensure that the Douglas decision only affects payments made from those schemes mentioned above.