Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 247

Labor's new franking policy is unfair to LICs

The Labor Party needs to articulate how it will treat shareholders in Listed Investment Companies (LICs) fairly under their proposal to deny refunds for excess franking credits.

The current system of taxation of dividends ensures that Australian resident shareholders are taxed at their applicable rate of income tax on dividends received from companies, rather than a minimum of the company tax rate. Denying refunds for excess franking credits will require complex changes to legislation to maintain the existing policy of allowing shareholders in LICs to effectively receive the CGT discount on capital gains earned by the LIC.

When a LIC earns a capital gain it pays income tax on the capital gain at the corporate tax rate, typically 30%. When it pays the capital gain to the shareholder as a LIC dividend, the shareholder is taxed on the dividend and franking credit in the usual way, but also receives a tax deduction that represents the CGT discount the shareholder would receive if they derived the gain directly or received it from a trust.

Below is the analysis showing the calculations for an investor (super fund or High Net Wealth Individual) investing in a LIC or either directly in shares or via a trust.

Calculation of tax payable on a $10,000 capital gain by:

  • Super fund in accumulation phase invested in an LIC (Super-LIC)
  • Super fund in accumulation phase invested in a trust or direct shares (Super-Trust)
  • High net worth individual (HNWI-Trust)

Currently, they receive a refund of the excess tax paid by the LIC above their tax rate after the tax deduction for the CGT discount. Denying the refund of excess franking credits results in the shareholder paying 30% tax on the dividend. This is a 27% higher rate of tax on a capital gain than is paid by someone on the top marginal rate of tax. This means a super fund will pay at least three times that rate of tax on a capital gain distributed by a LIC when compared to a capital gain it earns itself or via a trust and 27% more tax than an individual on the highest rate of tax.

(That is, a HNWI pays $2,350 on a $10,000 capital gain. A super fund in accumulation phase pays $3,000 on a capital gain earned by a LIC. The difference is $650 divided by the tax paid by the HNWI of $2,350 gives 27% more tax payable by the super fund).

Given that a large percentage of investors in LICs are super funds and that many investors in LICs are not wealthy, this is an inequitable result that will need to be addressed.

 

Howard Badger is a Partner in Tax Consulting at Pitcher Partners. This article is general information that does not consider the circumstances of any individual.

 

  •   5 April 2018
  • 5
  •      
  •   
5 Comments
Frankie
April 06, 2018

Another unintended consequence for the new policy to fix.

Don McLennan
April 08, 2018

Shorten's original plan was to only allow Franking Credits to used to pay tax.
Bill quickly changed so now SMSF in the pension phase are about the only sector to be hit by
this measure.
Most members of a SMSF in the pension phase with a balance below $1.6m could lose their "credits". In my case i will lose 20% of my income. In fact i would be better off paying the 15% tax which those in the accumulation phase
Most high wealth individuals that Labor aims to target probably have over $3m in "super".
As an adviser i would advise them to reduce their holdings of companies paying fully franked dividends in their $1.6 section Holding these in their section paying 15% tax
Many will be able to use all their franking credits in this section
So it seems that some of the middle class who have saved hard & are now self funded retirees will be the group mostly hit.

D Ramsay
April 12, 2018

Well said.
Additionally why doesn't the Labour party be honest and only go after the ones they really want - namely the folks in SMSF's that have >$1.6M in super and put in a means test that exempts those that are below the above threshold from losing their franking credits.
I believe the figures are such that 97% of folks receiving franking credits are on annual taxable incomes of <$87K.
Labour discourages people from being self funded in retirement.

Daryl Wilson (Affluence Funds)
April 09, 2018

Listed Investment Trusts such as recent IPO Magellan Global Trust (MGG) are a much better structure than an LIC. A LIT pays no tax, just passes on any taxable income (plus any franking credits received) to the end investor in the same way as an unlisted managed fund.

This is a much more efficient system and avoids the situation described above. In addition, it means any discounted capital gains can also be passed directly through - in our experience very few LICs actually state the capital gain portion of dividends and thus investors get very little advantage from the tax deduction.

Michael Newman
April 13, 2018

So why did Costello change it from Keating's original purpose and at what cost to revenue since and how did it work before the changes?

 

Leave a Comment:

RELATED ARTICLES

The missing 30%: how LIC returns are understated, and why it matters

Four options for an income investor’s next dollar

Why LICs may be close to bottoming

banner

Most viewed in recent weeks

Why have Australian living standards 'fallen' and how do we fix it?

For the last few years there has been much talk of a 'cost-of-living' crisis in Australia and of 'falling living standards'. Lately this has flared up again with the pickup in inflation resulting in a renewed fall in real wages.

Will you run out of money in retirement?

Fear of running out has become a defining retirement anxiety. Why do some retirees die with substantial wealth while others deplete their nest egg? Evidence suggests the answer is more complicated than we think. 

Four options for an income investor’s next dollar

What if Australia’s golden age of dividends is ending? Rather than overhaul your portfolio, it may be worth considering where new capital can work harder. I discuss four income strategies and the trade-offs behind each.

Why spending more in early retirement can improve lifetime income

Conventional wisdom encourages retirees to preserve superannuation. But if those likely to qualify for the Age Pension later in life spend a little more today, it may deliver higher lifetime income and a more stable retirement.

The investment that sidesteps the new tax traps

Tax rules have changed, but many investors are still using yesterday’s strategies. Insurance bonds may offer advantages for those seeking greater control, tax efficiency and certainty about their wealth.

Testamentary trusts have secured the CGT exemption

Treasury’s latest CGT reform draft delivers a win for testamentary trusts and deceased estates, exempting estate-derived gains from the 30% floor. However, questions on death and divorce rollovers remain unresolved.

Latest Updates

Shares

Is it time to bail on Australian stocks?

For generations, Australian investors have backed banks, miners and dividends. But has that loyalty come at a cost? A look at the numbers raises an uncomfortable question about where future returns will come from.

Investment strategies

Making a case for the 40 year mortgage

The housing debate tends to focus on prices, interest rates and deposits. Yet an overlooked feature of the mortgage itself could help buyers enter the market sooner without abandoning prudent lending standards.

SMSF strategies

Red flags to watch out for when considering an SMSF

Thinking about an SMSF? Before you sign anything, learn how to spot the difference between genuine advice and a sales pitch, understand the real costs, and avoid the compliance mistakes that attract ATO attention.

Investment strategies

Not all income is created equal

Market conditions are shifting as familiar yield sources quietly lose momentum. Australian public credit may be the most compelling source of income in today's market but many investors haven't noticed the shift. 

Investment strategies

The market paid for change, not comfort

Reporting season has delivered a clear message: the market is no longer paying simply for quality, resilience or an earnings beat. It is paying for change in earnings expectations and the outlook ahead. 

Investment strategies

Will AI destroy investor capital?

Some of history's most important innovations changed the world while leaving investors much poorer. As trillions pour into AI, a familiar pattern may be emerging, one that rewards society far more generously than capital.

ASX reporting season: Signals, surprises, stock stories

August reporting season delivered strong earnings and bigger-than-expected dividends, but beneath this, a more nuanced story emerged. First Sentier Investors’ David Wilson and Christian Guerra unpack the key trends.

Sponsors

Alliances

  • ASA-Logo-RGB-ActiveGreen-web.png

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.