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February 2026
Following today's release of the latest average wages data for the December 2025 quarter, FirstTech have calculated the super rates and thresholds for 2026-27.
The ATO is expected to confirm the 2026-27 super rates and thresholds in March 2026.
Key points:
- Concessional and non-concessional contributions caps increase to $32,500 and $130,000
- Non-concessional cap (inc. bring forward rule) - TSB thresholds increase
- General transfer balance cap increases from $2.0m to $2.1m
- Maximum contribution base increases from $250,000 ($62,500 per quarter) to $270,830
Access our Super rates & thresholds for 2026-27 for super contributions, super benefits and employment termination payment thresholds.
The Government has announced that social security deeming rates will increase from 20 March 2026.
This is the second increase in deeming rates since 2020, as rates have been frozen at historically low levels.
From 20 March 2026, deeming rates will increase by 0.5% to:
- Lower deeming rate: 1.25% p.a. (previously 0.75% p.a.)
- Upper deeming rate: 3.25% p.a. (previously 2.75% p.a.)
The lower deeming rate threshold is $64,200 for singles and $106,200 for couples combined.
The Government has today (11 February 2026) introduced a new Bill into Federal Parliament relating to Division 296 tax, which seeks to tax the proportion of a member’s super earnings attributable to their total super balance (TSB) over $3m at higher rates. The Bill introduces significant changes to the original proposal.
The changes included in the Bill closely reflect those included in draft exposure legislation released on 19 December 2025, including:
- ● New two-tier tax on large super balances: Applying an additional 15% tax on earnings attributable to a TSB between $3 million and $10 million, and an additional 25% on earnings attributable to TSB above $10 million.
- ● Indexation: Both the $3 million and the new $10 million thresholds will be indexed to the Consumer Price Index in increments of $150,000 and $500,000 respectively.
- ● Realised earnings approach: In most cases, tax will be calculated on a fund’s realised (taxable) earnings, attributed to members with high balances, aligning with existing income tax concepts.
- ● Integrity measures: Subject to transitional provisions, the Bill includes integrity measures that will prevent members avoiding Division 296 tax on realised gains by withdrawing to reduce their TSB to below $3 million by the end of a year.
- ● Deferred start date: The reforms will now commence from 1 July 2026 instead of 1 July 2025.
The Bill also includes important transitional provisions to ensure Division 296 tax will only apply to capital gains accrued on assets post the intended start date of the legislation on 1 July 2026.
January 2026
With today's release of the December quarter CPI figures, FirstTech calculates that the general transfer balance cap (currently $2 million) will increase to $2.1 million on 1 July 2026.
This increase means that clients commencing their first retirement phase income stream in 2026–27 will start with a personal transfer balance cap of $2.1 million.
Clients who already have a personal transfer balance cap that they have not fully utilised at any time in the past will see their cap increase on 1 July 2026 by less than the general cap increase of $100,000, due to (up to 4 rounds of) proportional indexation.
Further information about the general and personal transfer balance cap can be found in section 21 of the FirstTech Super Guide.
The increase in the general transfer balance cap also impacts other super rules and concessions in 2026–27 as follows:
- A member’s total super balance at 30 June 2026 must be less than $2.1 million to access the standard non-concessional contributions cap.
- A member’s total super balance at 30 June 2026 must be less than $2.1 million to access the Government co-contribution.
- For a client to receive a spouse contribution tax offset, the receiving spouse’s total super balance at 30 June 2026 must be less than $2.1 million.
- The defined benefit income cap (currently $125,000) will increase to $131,250.
Concessional contributions cap also likely to increase on 1 July 2026 - impact on non-concessional caps and thresholds
The calculation of the basic concessional contributions cap (currently $30,000) for 2026–27 depends on average weekly ordinary time earnings (AWOTE) data for the December 2025 quarter, which becomes available in late February. However, based on the most recent available AWOTE data, the basic concessional contributions cap is extremely likely to increase to $32,500 on 1 July 2026.
For more information including the non-concessional cap and total super balance thresholds, as well as the increase to the SG maximum contribution base, see the FirstTech Newsflash.
The ATO has a range of compliance options to deal with conduct which has resulted in an SMSF contravening the Superannuation Industry (Supervision) Act and/or Regulations. One option is to give a trustee or director of a corporate trustee an education direction.
PS LA 2026/1 finalised today (15/1/26) sets out the considerations when the ATO is deciding whether to issue an education direction.
Generally, giving an education direction will play an essential role in cases where the person's lack of knowledge or understanding of their obligations contributed to the contraventions.
The ATO has released PCG 2026/1 setting out its compliance approach for the first year of Payday Super’s operation from 1 July 2026 to 30 June 2027.
The ATO has stated that it will prioritise its compliance resources toward the highest‑risk employers who have any individual final SG shortfall greater than nil for one or more employees for the (qualifying earnings) QE day occurring 28 days after the end of the quarter in which the qualifying earnings were paid.
Where an employer has attempted to pay the required contributions under Payday Super but issues arise that delay payment, the employer’s risk zone depends on whether and how quickly they resolve the issue.
PCG 2026/1 outlines three risk zones for employers:
Low: An employer will be in the low-risk zone where all of the following have been met: the employer attempted to ensure that all of their individual base SG shortfalls in relation to their employees were nil for the QE day, by making on-time contributions equal to or exceeding the individual SG amount some or all of the eligible contributions were not received by the relevant fund (and allocable for the benefit of the employee) on time these eligible contributions are received by the relevant funds and allocable for the benefit of the employees as soon as reasonably practicable, resulting in the employer having individual final SG shortfalls of nil for all employees for the QE day at that time.
Medium: An employer will be in the medium-risk zone where the employer does not meet the criteria to be in the low-risk zone, but the individual final SG shortfalls for all their employees are nil by the end of 28 days after the end of the quarter in which the qualifying earnings were paid.
High: An employer will be in the high-risk zone where the employer does not meet the requirements to be in the low-risk or medium-risk zone. An employer will also be in the high-risk zone if they have one or more individual final SG shortfalls greater than nil for their employees after 28 days following the end of the quarter in which the qualifying earnings were paid.
The ATO also noted that employers may move between risk zones throughout the year.
The ATO also released Payday Super checklist to help employers prepare for the new rules starting on 1 July 2026.
The ATO has online information and resources about Payday super to help employers stay informed on the rollout. These resources also support employers prepare for the closure of the ATO’s Small Business Superannuation Clearing House on 1 July 2026.
The ATO has released Draft Taxation Determination TD 2026/D1 for consultation, closing 27 February 2026. The draft taxation determination clarifies when an individual has a ‘right to occupy a dwelling under the deceased’s will’, which is relevant in determining whether the beneficiary or trustee of the deceased estate is entitled to the CGT main residence exemption under item 2(b) of column 3 of the table in subsection 118-195(1) of the Income Tax Assessment Act 1997 (ITAA 1997).
The ATO stated an individual will only have a right to occupy a dwelling under the deceased’s will if this right was granted in accordance with the terms of the will itself without the aid or intervention of any subsequent or intermediate transaction. Similarly, an individual will not be considered to have a right to occupy a dwelling under the deceased’s will if that right was granted under a separate agreement, such as a deed of arrangement entered into between the beneficiaries and executor or trustee of a deceased estate.
The Draft Taxation Determination provides the following 5 scenarios
- - Right to occupy arising under separate agreement
- - Right to occupy arising under exercise of trustee’s broad discretion
- - Right to occupy the dwelling for a limited period
- - Right to occupy the dwelling as a result of court order
- - Testamentary trust annexed to will
Further guidance from the ATO is expected after the consultation period.
December 2025
Treasury issued a Media Release and exposure draft legislation for consultation regarding the proposed Division 296 tax, with consultation closing on 16 January 2026.
This new exposure draft legislation reflects changes announced by the Treasurer to the original Division 296 proposal in response to stakeholder feedback, including:
- New two-tier tax on large super balances: Applying an additional 15% tax to earnings attributable to a member’s total superannuation balance (TSB) between $3 million and $10 million, and an additional 25% on earnings attributable to TSB above $10 million.
- Indexation: Both the $3 million and the new $10 million thresholds will be indexed to the Consumer Price Index.
- Realised earnings approach: In most cases, tax will be calculated on a fund’s realised (taxable) earnings, attributed to members with high balances, aligning with existing income tax concepts.
- Deferred start date: The reforms will now commence from 1 July 2026 instead of 1 July 2025.
At a high level, the exposure draft legislation applies these announced changes. However, much of the detail about many aspects of this amended proposal will be confirmed in Regulations. No draft Regulations have been released for this purpose, although Treasury have released a document ‘Additional guidance on proposed regulations’.
For more information on surprises and uncertainties in the exposure draft legislation, see FirstTech Newsflash
The Government has released the Mid Year Economic and Fiscal Outlook (MYEFO) for 2025-26.
The mid year update restated a number of previously announced proposals, including:
- Resetting the deeming rate: the Government Actuary will review market returns on financial assets twice a year, from March 2026, and provide a recommendation to Government on the deeming rate
- LISTO (Low Income Super Tax Offset): increase in threshold from $37,000 to $45,000 from 1 July 2027, increase in maximum payment from $500 to $810
- Division 296 tax: from 1 July 2026, additional 15% tax on earnings attributable to TSB between $3M and $10M, and 25% on earnings attributable to TSB over $10M. Tax will be calculated on a fund's realised (taxable) earnings
- Support at Home: additional 63,000 program places by 30 June 2026
November 2025
The ATO added resources including a short video for employers and a factsheet explaining changes to SuperStream as a result of upcoming Payday Super changes from 1 July 2026.
The ATO is asking employers to be ready and ensure all SG contributions arrive in their employee's super funds within 7 business days of payday.
Legislation implementing the Payday Super reforms passed both Houses of Parliament on 4 November 2025:
- Treasury Laws Amendment (Payday Superannuation) Bill 2025
- Superannuation Guarantee Charge Amendment Bill 2025
The Payday Super reforms will commence 1 July 2026.
Employers will be required to pay Super Guarantee contributions within 7 business days for each employee's payday.
October 2025
The Goverment has announced it is making changes to the design and implementation of the proposed $3M Division 296 tax.
- From 1 July 2026, super earnings for individuals with TSB above $3M will be taxed at higher rates:
- 15% on earnings attributable to TSB between $3M and $10M
- 25% on earnings attributable to TAB above $10M
These rates will apply in addition to the funds concessional tax rate of 15% on taxable income.
See the FirstTech Newsflash for more information on the key changes.
Two bills were introduced to Parliament regarding the PayDay super measures:
- Treasury Laws Amendment (Payday Superannuation) Bill 2025
- Superannuation Guarantee Charge Amendment Bill 2025
Under the 'Payday Super' reforms, from 1 July 2026 employers will be required to pay Superannuation Guarantee contributions aligned with pay cycles, rather than quarterly.
The Government has released aged care rates and thresholds for residential aged care and Support at Home from 1 November 2025:
Schedule of fees and charges from 1 November 2025 - includes rates & thresholds for people in residential aged care under the pre and post 1 November 2025 rules
Schedule of contributions for Support at Home services - includes Support at Home standard contribution rates and Support at Home no worse off principle contribution rates
The ATO has advised that Australia Post is closing the SMSF Gateway Service to new subscribers. The last day to purchase a subscription will be 29 November 2025.
To ensure SMSFs continue to meet SuperStream data Standards, an alternative SMSF messaging service will need to be arranged.
The ATO has a range of compliance options to deal with conduct which has resulted in an SMSF contravening the Superannuation Industry (Supervision) Act and/or Regulations. One option is to give a trustee or director of a corporate trustee an education direction.
PS LA 2025/D2 sets out the considerations when the ATO is deciding whether to issue an education direction.
Generally, giving an education direction will play an essential role in cases where the person's lack of knowledge or understanding of their obligations contributed to the contraventions.
September 2025
The Department of Social Services has released two determinations regarding legacy income streams: Social Security (Asset-test Exempt Income Stream Guidelines) Determination 2025 and Social Security (Asset-test Exempt Income Streams – Legacy Product) Determination 2025.
Legacy income streams include lifetime, life expectancy and market linked income streams (TAPs) that are 50% or 100% asset test exempt for social security means testing.
The Department stated that an unintended consequence of the introduction of the 5 year commutation window for legacy income streams commencing 7 December 2024, was that existing legacy income streams were no longer asset test exempt, as social security legislation did not allow for commutations due to the 5 year commutation window.
The new determinations allow the Secretary to determine that legacy lifetime income streams that were 50% or 100% asset-test exempt immediately prior to 7 December 2024, will continue to be asset-test exempt income streams where they meet all other criteria.
The commencement date of the determinations is the day after they are registered, however FirstTech is seeking confirmation as to whether it will be applied retrospectively from 7 December 2024.
The Aged Care Rules which provide important detail as to the operation of the new Aged Care Act 2024 have been registered.
The Aged Care Rules are effective at the same time the new Aged Care Act commences - 1 November 2025.
The ATO has released amendments to two rulings regarding recent amendments to the non-arm's length income (NALI) rules:
- LCR 2021/2A3 - NALI - expenditure incurred under a non-arms length arrangement
- TR 2010/1A4 - Superannuation contributions
Aged care rates and thresholds have been released for 20 Sept 2025.
See the FirstTech Aged Care quick reference guide - 20 September 2025 to 31 October 2025.
Due to the commencement of the new Aged Care Act on 1 November 2025, FirstTech will release a new Aged Care quick reference guide from 1 November 2025 that includes the new rules.
Centrelink rates are also available FirstTech Centrelink rates and thresholds 20 September to 31 December 2025.
Two aged care bills have passed parliament and await royal assent:
- Aged Care and Other Legislation Amendment Bill 2025
- Aged Care (Accommodation Payment Security) Levy Amendment Bill 2025
The bills implement changes necessary for the commencement of the new Aged Care Act 2024 on 1 November 2025.
August 2025
The ATO has flagged a growing number of cases where individuals are attempting to access their superannuation early under compassionate grounds using inappropriate or fraudulent methods.
These include:
- Altering or fabricating documents to falsely demonstrate eligibility
- Engaging with illegal promoter schemes that offer early access
- Providing misleading information in supporting documents, such as medical reports
- Using super funds for expenses that aren’t approved under compassionate grounds
- Creating fake ATO approval letters to present to super funds
In a media release, the Prime Minister announced that the expansion to the 5% deposit scheme for First Home Buyers is commencing on 1 October 2025, instead of next year.
Through the expanded 5 per cent deposit scheme, the Government guarantees a portion of a first home buyer’s home loan, so they can purchase with a lower deposit and not pay Lenders Mortgage Insurance.
The media release also states ‘Under the changes, all first home buyers will have access, with no caps on places or income limits. Property price caps will also be set higher in line with average house prices, providing access to a greater variety of homes.’
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The ATO released its corporate plan 2025-26, including key areas of focus for SMSFs, including:
- Outstanding SMSF annual returns
- Compliance with release authorities
- Compliance with commutation authorities
- Illegal early access
- Fraud prevention
July 2025
The Aged Care Rules are a legislative instrument that outlines how the new Aged Care Act 2024 will be implemented from 1 November 2025.
Following a period of public consultation, the government has released the final draft of these rules. The Rules will come into effect once they have been signed by the Minister for Aged Care and Seniors and published on the Federal Register of Legislation.
The final version is subject to passage and Royal Assent of related amending legislation passing Parliament.
Further information regarding the key changes made to the rules following the consultation period can be found here.
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The Government has tabled a legislative instrument Social Security (Waiver of Debts – Legacy Product Conversions) Specification 2025 to provide social security debt relief for any debts that may arise due to people commuting legacy pensions under new rules that apply from 7 December 2024. However, a disallowance period applies to this legislative instrument, meaning it doesn't officially commence until it is tabled and a further 15 sitting days pass.
It is FirstTech’s understanding that these debt-waiver provisions are intended to apply from the same time legacy pension commutations commenced on 7 December. We await confirmation of this from Centrelink, as well as details of their administrative treatment of these rules prior to the commencement date.
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June 2025
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The ATO has released detailed guidance for individuals and superannuation funds around:
1. Commuting a legacy retirement product – what products can be commuted, what happens after commutation and possible tax consequences.
2. Changes to reserve allocations – the correct contribution treatment for allocations from reserves, how excluded allocations have changed and the definition of a pension reserve.
The ATO has released a comprehensive list of myths and misunderstandings in relation to Division 7A to assist taxpayers in avoiding mistakes. It covers common misunderstandings around Division 7A loans including the ability for shareholders to use company money, record keeping requirements and payments to other entities.
Division 7A of the Income Tax Assessment Act 1997 is designed to prevent private companies from making tax-free distributions of profits to shareholders or their associates in the form of payments, loans or debts that are forgiven.
The Government is delaying the start date to 1 November 2025 to allow the sector more time to prepare and implement the changes.
Centrelink have released the rates and thresholds that apply from 1 July to 19 Sept 2025.
For a summary, see the updated FirstTech Quick Reference Guide
The ATO have issued a reminder that the SG rate is set to increase from 11.5% to 12% on 1 July 2025 and will need to apply for all salary and wages paid to eligible workers on and after 1 July 2025.
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May 2025
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With the general Transfer Balance Cap (TBC) indexing to $2 million on 1 July 2025, those who have commenced a retirement phase pension prior to 1 July 2025 and haven’t previously reached or exceeded their TBC will receive a proportional increase in their personal TBC from 1 July 2025.
The ATO advises members and their tax agents will be able to view their updated personal TBCs in their ATO Online services from 11 July.
In November 2024, the Government announced that it would reduce HELP or student loan debt by 20% and make HELP and student loan repayments fairer from 1 June 2025. The Government has reconfirmed its commitment to this measure, promising it will be the first piece of legislation it introduces in the next Parliament when it returns from 22 July 2025. Once the legislation is passed, the ATO will apply the one-off 20% reduction in student loan accounts based on what a person’s HELP debt was on 1 June 2025 before indexation was applied. Indexation would apply only on the remaining loan debt balance, after the HELP debt has been reduced by 20%.
The FAQ provides further detail.
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ATO will pay super on government-funded Parental Leave Pay – known as a Paid Parental Leave Super Contribution (PPLSC) for eligible persons who receive Parental Leave Pay from Services Australia for a child born or adopted from 1 July 2025.
The PPLSC is based on the Super Guarantee rate and will include an interest component. It will be paid as a lump sum after the end of the financial year in which Parental Leave Pay was received and is paid to the individual’s super fund.
The PPLSC will be taxed at 15% in the super fund and count towards the individual’s concessional contribution cap for the year it is received by the fund.
The ATO has issued a checklist to help trustees and their advisers to be clear about their trust obligations as the 30 June deadline for trust resolutions approaches. The top 5 EOFY items for trustees are:
1. Understand how income is defined for the trust estate
2. Identify the trust’s beneficiaries
3. Understand resolutions and present entitlement
4. Identify any family trust elections or interposed entity elections
5. Maintain clear and accurate records.
The ATO has become aware of a “proliferation” of “dodgy websites” sharing misinformation about changes to the superannuation preservation and withdrawals rules said to be starting on 1 June, and is warning the community to always consider the source of information they see, and if in doubt go to trusted sources such as the ATO website, their super fund, their registered tax agent or their licensed financial adviser.
ATO Deputy Commissioner Emma Rosenzweig confirmed the maximum preservation age (the age when you can access your superannuation savings on retirement) is 60 for anyone born from 1 July 1964 and warns taxpayers to beware of websites that might be trying to harvest personal information such as TFNs, identity details or myGov login details.
In a joint press conference on 14 May 2025, the Treasurer appears to have recommitted to the proposed tax on earnings on balances over $3 million, outlined in Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 which was prorogued when the Federal Election was called.
The ATO have consolidated their key audit guidance for SMSF auditors in one location on the ATO website titled Auditing an SMSF, encouraging SMSF auditors to “ Bookmark it. Save it. Use it.”
The page provides most of the guidance auditors need for understanding their audit obligations, including requirements for conducting the annual SMSF audit and includes topics such as: - Verifying audit values - Reporting contraventions - Dealing with rollover and downsizer contributions - SMSF windups
Whilst it is provided for SMSF auditors, it will prove useful for all SMSF advisers, professionals, and trustees to help them understand matters such as what their own compliance obligations are, matters that are required to be reported in the annual return and documentation their auditor is going to be seeking when conducting the annual audit. |
Businesses with an aggregated annual turnover of less than $10 million and using the simplified depreciation rules may be able to use the instant asset write-off to immediately deduct the business part of the cost of eligible assets. The ATO explains when the instant asset-write off can apply.
April 2025
The ATO has released an article regarding the ATO’s current position on the Bendel decision.
The article discusses some common questions regarding the Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel) case decision and court process. Taxpayers are strongly encouraged to review the ATO Interim Decision Impact Statement, and to seek advice about their individual circumstances.
The ATO has reminded SMSF trustees of the requirement to pay the minimum payment for any account based pensions by 30 June.
The ATO stated 'If the minimum payment is not made by 30 June, this could result in adverse taxation consequences for the member.'
Practice Compliance Guideline PCG 2023/1 sets out the ATO’s compliance approach to claiming a tax deduction for additional running expenses incurred while working from home. Tax payers who work from home have a choice between two methods – claiming actual expenses or alternatively using a fixed-rate method outlined in the PCG.
The fixed-rate method allows work from home taxpayers who meet certain criteria to claim a deduction at a fixed rate for each hour worked from home during the year to cover additional energy, internet, mobile and home phone expense and stationery and computer consumables.
The ATO has updated the PCG to set a new rate when using the fixed-rate method. From 1 July 2024 the fixed rate is 70 cents for each hour worked from home during the income year. Previously it was 67 cents per hour.
Taxpayers can still choose to claim actual expenses instead of using the fixed rate method.
The ATO has advised that after from 1 July 2025, taxpayers will no longer be able to claim an income tax deduction for ATO interest charges.
This measure was originally announced as part of the 2023–24 Mid-Year Economic and Fiscal Outlook (MYEFO), where the government announced it would amend the tax law to deny income tax deductions for ATO interest charges incurred in income years starting on or after 1 July 2025. This measure is now law.
These amendments deny deductions for ATO interest charges (being the general interest charge (GIC) and the shortfall interest charge (SIC)). |
A release authority is a document issued by the ATO to superannuation funds to authorise the release of a member’s super for various reasons including:
- Excess concessional contributions
- Excess non-concessional contributions
- Division 293 amounts payable
- First Home Super Saver scheme release amounts
SMSF trustees can incur penalties if they fail to meet their release authority obligations. The ATO guidance provides information on release authorities and how trustees should respond to one if received.
March 2025
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The Government has registered a legislative instrument Social Security (Waiver of Debts – Legacy Product Conversions) Specification 2025 to provide social security debt relief for any debts that may arise due to people commuting legacy pensions under new rules that apply from 7 December 2024. However, a disallowance period applies to this legislative instrument, meaning it doesn't officially commence until it is tabled and a further 15 sitting days pass of the next parliament. Due to the election process, the next Parliament is not expected to sit until July 2025 at the earliest.
Despite the uncertainties, it is FirstTech’s understanding that these debt-waiver provisions are intended to apply from the same time legacy pension commutations commenced on 7 December. We await confirmation of this from Centrelink, as well as details of their administrative treatment of these rules prior to the commencement date.
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The Treasury Laws Amendment (Tax Incentives and Integrity) Bill 2025 has passed parliament and awaits royal assent.
Amongst other things, the legislation extends the $20,000 instant asset write-off available to eligible small businesses by 12 months until 30 June 2025.
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February 2025
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January 2025
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Disclaimer
The information contained in this update is based on the understanding Avanteos Investments Limited ABN 20 096 259 979, AFSL 245531 (AIL) and Colonial First State Investments Limited ABN 98 002 348 352, AFSL 232468 (CFSIL) has of the relevant Australian laws as at the article date. As these laws are subject to change you should refer to our website at www.cfs.com.au or talk to a professional adviser for the most up-to-date information. The information is for adviser use only and is not a substitute for investors seeking advice. While all care has been taken in the preparation of this document (using sources believed to be reliable and accurate), no person, including AIL, nor CFSIL, accepts responsibility for any loss suffered by any person arising from reliance on this information. This update is not financial product advice and does not take into account any individual’s objectives, financial situation or needs. Any examples are for illustrative purposes only and actual risks and benefits will vary depending on each investor’s individual circumstances. You should form your own opinion and take your own legal, taxation and financial advice on the application of the information to your business and your clients.
Taxation considerations are general and based on present taxation laws and may be subject to change. You should seek independent, professional tax advice before making any decision based on this information.
AIL and CFSIL are also not a registered tax (financial) adviser under the Tax Agent Services Act 2009 and you should seek tax advice from a registered tax agent or a registered tax (financial) adviser if you intend to rely on this information to satisfy the liabilities or obligations or claim entitlements that arise, or could arise, under a taxation law.