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Tax Planning

Super Overhauls: Navigating Australia’s New Div-296 Tax on High Super Balances

From 1 July 2025, individuals with super balances over A$3 million face new tax rates on earnings. Learn how Division 296 works, thresholds, and strategies to manage impact.

By NomadicTax Research Team · 5-8 min read

What is Division 296 and Who It Hits

The Better Targeted Superannuation Concessions measure, known as Division 296, started on 1 July 2025 and applies from the 2025-26 income year onwards. It reduces tax concessions for individuals whose total superannuation balance (TSB) exceeds A$3 million at the end of an income year(ato.gov.au). Key thresholds:

  • Up to A$3 million: concessional tax rate remains 15%.
  • Between A$3 million and A$10 million: effective concessional rates increase to 30% on earnings.
  • Above A$10 million: rate rises to 40% on earnings above that threshold.

How the New Rules Work—Dividends of Example

Suppose Jane has A$5 million in her super fund at 30 June 2025. Earnings on the first A$3 million are taxed 15%. The A$2 million above A$3m but below A$10m is taxed at 30%. Jane will be affected for all earnings above the threshold even if balances fluctuate during the year, based on the balance at year-end(au.andersen.com).

Which Funds & Situations Are Affected

  • Members of APRA funds, SMSFs (Self-Managed Super Funds), and some Defined Benefit Funds, especially where assets or interests are large.(au.andersen.com)
  • Defined benefit interests require valuation under specific methods outlined in exposure drafts. The calculation of earnings for such interests is being refined.(treasury.gov.au).
  • Thresholds ($3m, $10m) will be indexed to CPI over time.(au.andersen.com).

Planning Strategies to Mitigate Impact

  • Timing of withdrawals or rollovers: balancing amounts below threshold before 30 June to avoid exposure in that year.
  • Diversification: Holding some super assets in strategies that generate lower taxable earnings or capital gains under favorable CGT rules.
  • Defined benefit fund planning: Accurately value your defined benefit interests years in advance, especially if near thresholds.
  • Adjusting contribution levels: Considering non-concessional vs concessional contributions to control total super balance if approaching A$3 million.

Reporting & Compliance Tips

  • Keep excellent records of all super balances at 30 June annually. Funds will need to report accurately to the ATO.(au.andersen.com)
  • Stay tuned for exposure draft regulations that support this legislation with precise valuation rules.(treasury.gov.au).
  • Seek professional advice if your situation spans large defined benefit interests or multiple types of super interests.

Bottom Line

If you're an individual with super savings approaching or exceeding A$3 million, Division 296 is a game changer. The larger your super, the more you’ll pay. Act early:

  • Assess your super balance forecasts
  • Plan contributions and withdrawals around threshold dates
  • Understand defined benefit valuation rules before they bite.

With the law effective from 1 July 2025, compliance kicks in immediately for 2025-26. Don’t wait to see, plan to act.

Sources

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