Entity Setup
Entity Setup: Superannuation-Heavy Entities & the $3 Million Threshold – What Entities Need to Know
Entities, funds and high-net-worth individuals must understand Australia’s new “Better Targeted Superannuation Concessions” as the $3 million threshold begins to affect earnings in excess of that balance from 1 July 2025.
By NomadicTax Research Team • 5-8 min read • November 23, 2025
## Overview of Better Targeted Superannuation Concessions
As part of the Superannuation reform package, the Australian Government introduced **Better Targeted Superannuation Concessions**:
- From **1 July 2025**, individuals with **total superannuation balances exceeding AUD 3 million** (at the end of a financial year) will face a **15% tax on earnings exceeding that balance**, in addition to earnings tax already paid inside accumulation phase funds. ([ato.gov.au](https://www.ato.gov.au/about-ato/consultation/in-detail/matters/2023-completed-matters?utm_source=openai))
- Under current law, earnings on balances under this threshold are taxed at concessional rates. The new measure applies on earnings beyond $3 million. ([ato.gov.au](https://www.ato.gov.au/about-ato/consultation/in-detail/stewardship-groups-key-messages/superannuation-industry-stewardship-group/2023/sisg-key-messages-7-june-2023?utm_source=openai))
## Implications for Entities, Trustees and High-Net-Worth Members
**Who is affected:**
- Individuals (members) of superannuation funds whose **total balance** exceeds AUD 3 million.
- Trustees/funds must identify which members exceed thresholds and apply the additional tax on their excess earnings.
**Fund obligations:**
- Funds will need to revise reporting and record-keeping to track members’ total super balances.
- Adjust contribution strategies for those approaching thresholds.
**Entity structure implications:**
- Self-managed super funds (SMSFs) with high-balance members must closely monitor balances across all super accounts, especially when there are multiple fund interests, vesting, or deferrals.
## Examples of Strategies
**Case A – SMSF Member** with a balance of AUD 2.8 million approaching the threshold:
- Delay large non-concessional contributions until after 30 June if they would push total above AUD 3 million.
- Consider **splitting balances** across multiple super accounts (if legitimate under law) to reduce exposure.
**Case B – Trustee of fund with many high-balance members**:
- Proactively identify members near AUD 3 million and provide tailored communication.
- Use investment strategies with lower expected earnings on funds above threshold where additional tax applies.
## Practical Tips for Entity Setup
**Review contribution timing:**
- Concessional contributions and non-concessional contributions might push a member above $3 million; timing matters to minimize excess earnings exposure after 1 July 2025.
**Select investment mix carefully:**
- For the portion of balance expected to exceed threshold, consider lower yielding but stable investments to reduce taxable earnings above $3 million.
**Consider transaction costs and administrative burden:**
- Tracking multiple accounts just to stay under thresholds may generate costs. Entity setup must balance tax savings against administrative complexity.
## Legal & Compliance Considerations
- Legal capacity to split accounts depends on super law and fund rules; must be legitimate—not just for tax avoidance.
- The ATO will likely scrutinize “artificial” transfers or structures designed only to circumvent threshold rules.
- Ensure all fund members receive accurate statements and earnings attribution post threshold for compliance.
## Conclusion
Entities and high-net-worth individuals must plan now to manage exposure under the **Better Targeted Superannuation Concessions**. Thoughtful structuring, investment strategy, and timing can lighten the impact and help ensure compliance for 2025–26 and beyond.