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Tax Planning

Strategic Tax Planning for High-Balance Super Accounts Under Division 296

New legislation introducing higher tax rates for large super balances over $3m (and $10m) takes effect from 1 July 2026. Here’s how individuals can plan proactively to minimise impact.

By NomadicTax Research Team · 5-6 min read

Overview of Division 296 (Super Tax for Large Balances)

The Better Targeted Superannuation Concessions Bill 2025 introduces Division 296, a reform targeting high superannuation balances. Under the legislation:

  • Balances between $3 million and $10 million will face an increased rate of 30%, up from the standard 15% concessional rate. (ifpa.com.au)
  • Balances above $10 million will be taxed at 40% on earnings exceeding that threshold. (ifpa.com.au)
  • The tax only applies to realised earnings—not paper or unrealised gains. (theguardian.com)
  • Both thresholds will be indexed to inflation (CPI), to avoid creeping inclusion of more account holders over time. (au.finance.yahoo.com)
  • Commencement: 1 July 2026. (au.finance.yahoo.com)

Actionable Planning Strategies

Here are concrete steps for those likely to be affected by Division 296:

StrategyWhat to DoWhy It Helps
Defer Realisation of InvestmentsHold onto assets instead of selling until after annual cutoff or when earnings have run low.Realised earnings trigger the higher tax; limiting sales reduces liability.
Optimize Fund StructureUse multiple super funds or split assets among growth vs income-generating assets.Only portion above threshold is taxed more; segregating assets may limit exposure.
Withdraw or Rebalance During Low Earnings YearsConsider withdrawals or asset shifts in years when realised earnings are low.Minimises additional tax when taxable earnings are favourable.
Indexation AwarenessMonitor CPI changes; thresholds will adjust. Timing of growth near thresholds may shift liabilities.Helps in predicting when balances cross thresholds.
Seek Professional AdviceConsult a financial planner or tax adviser who understands Division 296 design and calculations.The law applies to APRA funds, SMSFs; calculations can be non-trivial.

Sample Example

Joan, aged 50, holds a super balance of $3.2 million. In 2026–27, her fund earns $250,000, of which $125,000 is realised gains. Portion above $3 million is $200,000 which is 6.25% of her total balance. Realised earnings attributed to that portion = 6.25% of $125,000 = $7,812.50. Division 296 extra tax = 15% of that = approx $1,172. (superannuation.asn.au)

Timeline & Key Dates

  • Draft legislation released: Late 2025; consultation closed January 16, 2026. (au.finance.yahoo.com)
  • Effective from 1 July 2026, applying to 2026-27 financial year onward. (aph.gov.au)
  • Low Income Super Tax Offset (LISTO) changes also coming: eligibility threshold rising from $37,000 to $45,000, maximum offset increasing from $500 to $810 from 1 July 2027. (au.finance.yahoo.com)

Risks & Considerations

  • Funds with fluctuating balances may cross thresholds year to year.
  • Selling assets to reduce exposure may incur capital gains tax or impact investment strategy negatively.
  • SMSFs and APRA-regulated fund rules may differ in treatment—ensure you account for both.
  • Legislative passage and final regulatory details (e.g., who pays the tax—fund or individual) could affect liquidity implications. (superannuation.asn.au)

Key Takeaways

  • If your super balance is approaching or exceeds $3 million, Division 296 will meaningfully increase taxes starting mid-2026.
  • Planning early—through structuring, asset timing, and staying on top of legislation—is essential to mitigate tax impact.
  • Low-income earners will benefit from LISTO changes, so ensure eligibility information is up to date.

Tax Planning Moves: Review your super projections now; consider delaying realisation; consult with experts; rebalance asset mix; document fund balances and income types to support Division 296 calculations.

Sources

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