ASIC Seeks Input on Super Fund Stamp Duty Rules

ASIC

ASIC is inviting the superannuation and investment management sectors to have their say on changes to stamp duty and portfolio holdings disclosure requirements.

This follows a targeted review of superannuation investment disclosure requirements announced in August 2025.

What ASIC is proposing:

  • Stamp duty disclosure changes: ASIC is proposing stamp duty be disclosed as an average amount over seven years, rather than an annual sum, in fees and costs summaries. The proposal would require a change to ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070 (Instrument 2019/1070).
  • Private debt transparency: Class order relief for superannuation trustees, aligning portfolio holdings disclosure obligations for internally-managed private debt with externally-managed private debt.

ASIC convened a working group, including representatives from superannuation funds, the investment management sector, consumer advocates, and government and regulatory bodies.

The group met twice, once in September and once in October 2025, to provide ASIC with expert advice on whether disclosure settings were causing distortions to investment decisions. This next step will help gather wider sector feedback on the proposals.

ASIC Commissioner Simone Constant, who led the review, said ASIC's proposals responded to feedback from the Treasurer's Investor Roundtable in August 2025.

'The proposals are about promoting regulatory balance and addressing problems without compromising on essential disclosure for consumers,' Commissioner Constant said.

'The proposed approach promotes transparency and disclosure outcomes that can inform good consumer investment allocation decisions. We thank the working group members for their time on this,' she said.

An alternative that was put forward by some stakeholders is for stamp duty to be removed as a transaction cost. While ASIC has heard the issues and challenges related to stamp duty disclosure, there are a range of other fees and costs that stakeholders have advocated for ASIC to reconsider.

That is why ASIC is also committing to bringing forward, and conducting in a timely manner, a broader review of Regulatory Guide 97 Disclosing fees and costs in PDSs and periodic statements (RG 97) to the 2026-27 financial year to ensure guidance remains robust and relevant for industry and Australian consumers.

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