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Navigating the New Division 296 Tax: What High-Balance Superannuation Members Need to Know

If your super balance exceeds $3 million (or even $10 million), a new tax regime under Division 296 kicks in from 1 July 2026—this article breaks down how it works and how you can plan ahead.

By NomadicTax Research Team · 5-8 min read

What is Division 296 Tax?

From 1 July 2026, an additional tax applies to super earnings for individuals whose Total Super Balance (TSB) exceeds certain thresholds. Here's how it works:

  • If your TSB is over $3 million at the end of a financial year, earnings on the portion above $3 million will be taxed at 15%.
  • If your TSB is over $10 million (the Very Large Super Balance Threshold), you'll pay an additional 10% on earnings above that.

These earnings are not your entire super balance—only the portion that exceeds the threshold attracts the extra tax. (community.ato.gov.au)

Who's Impacted?

  • Individuals with mid to high super balances, especially those close to or exceeding the $3 million threshold.
  • SMSF members, high earners, or those with large concessional contributions.

Example

Sarah has a super fund with a TSB of $5 million at 30 June 2027. Of that, $2 million are earnings over the $3 million threshold. If those $2 million of earnings grew by $200,000 in that year, $200,000 will be taxed 15%, leading to $30,000 in extra tax. If part of that sum pushes past $10 million, the portion above that incur an additional 10% tax. (community.ato.gov.au)

How to Plan Ahead: Actionable Strategies

  • Monitor your TSB: Track your balance throughout the year to know whether you'll cross thresholds.
  • Manage contributions carefully: Timing of contributions can affect your year-end balance. Spreading out contributions or adjusting them may help.
  • Review investment returns: Lower-risk assets may yield lower earnings but reduce tax exposure.
  • Tax offsets & deductions: Explore whether any super fund fees, earnings, or transition-to-retirement income streams offer offsets or relief.
  • Get professional advice: Especially if you are close to or over thresholds, a financial adviser or tax professional can model outcomes.

Practical Tips for Different Types of Taxpayers

SituationTip
SMSF members with $2.5m to $3.5m balancesDefer or moderate non-urgent contributions until after the balance dips below thresholds, or split contributions over financial years if possible.
RetireesConsider whether preserving capital rather than maximising growth may reduce tax on earnings.
Young high-earning professionalsUse salary sacrifice, and review investment mix, but also account for potential future Division 296 exposure.

Conclusion

Division 296 introduces extra taxation for earnings on super balances above $3 million (and heavier tax past $10 million). Knowing how and when it applies empowers you to structure your super contributions, investments, and overall tax-planning more effectively. Stay ahead of these changes to avoid surprises once assessments begin in 2027-28.

Tax Home: Australia Category: Tax Planning Author: NomadicTax Research Team Read Time: 6 min

Sources

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