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Tax Planning

How Australia’s Division 296 Tax Transforms Superannuation for High Balance Funds

New superannuation reforms from 1 July 2026 introduce Division 296, applying **steeper tax rates on earnings above $3 million and $10 million**, reshaping retirement planning for high-net-worth Australians.

By NomadicTax Research Team · 5-8 min read

What is Division 296?

Division 296 is a newly enacted tax reform under the Treasury Laws Amendment (Building a Stronger and Fairer Super System) Bill 2026, which imposes additional taxes on superannuation earnings for individuals whose Total Super Balance (TSB) exceed certain high thresholds.(aph.gov.au)

ThresholdPortion of Super Balance Above ThresholdAdditional Tax Rate on Earnings
Above AU$3 million up to AU$10 millionEarnings on that tranche+15% (30% total)(csc.gov.au)
Above AU$10 millionEarnings on that excess portion+25% (40% total)(dentons.com)

When It Takes Effect

  • Begins 1 July 2026. Applies for income years starting from that date.(csc.gov.au)
  • For the 2026-27 financial year, TSB is measured at end of the year; first assessment will use balances and earnings to 30 June 2027.(dentons.com)

Who Is Affected & What to Watch

  • Those with defined benefit pensions: such pensions may be re-valued for TSB under the new law.(community.ato.gov.au)
  • SMSFs (Self-Managed Super Funds) and high balance individuals will face higher tax on their investment earnings. Massive SMSFs with more than AU$1 trillion in assets are under close regulatory scrutiny.(dentons.com)

Implications & Planning Strategies

  • Portfolio restructuring: Individuals approaching or just above the thresholds may consider splitting balances into multiple funds where possible, reviewing asset allocation to limit high return investments in super funds.
  • Maximise LISTO (Low Income Super Tax Offset): From 1 July 2027, LISTO thresholds increase (income threshold from $37,000 to $45,000; maximum payment brought to $810). Enhances benefit for low income earners.(aph.gov.au)
  • Defined benefit pensions: Review current pension values and interact with financial advisers to understand how revaluation may affect your super status.

Compliance & Action Steps

  • Trustees must report TSB accurately as of year-end (30 June) and earnings per relevant tranche.
  • Individuals should review all super accounts to confirm total balances.
  • Start estimating potential Division 296 liability in financial planning now—delaying could mean surprise tax bills.

Example

Suppose Jane has a super balance of $5 million at 30 June 2027. Earnings for that year were 8%.

  • The earnings on the $3M-$5M tranche (i.e., $2 million) will have an extra 15% tax on that portion—so instead of paying only the standard 15%, Jane pays 30% on those earnings.
  • Earnings on the base $3 million continue at standard rates. If Jane had more than $10M, earnings above $10M would get taxed at 40%.

Bottom line: Division 296 rewards balance discipline. If your super exceeds $3M, those extra earnings are going to be taxed more heavily. Planning early is key.

Sources

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