Division 296: New Top-Up Tax on Super Earnings for High Balance Members
Starting 1 July 2026, income from super investments above certain thresholds may be taxed at higher rates under Division 296 of the Income Tax Assessment Act.(community.ato.gov.au)
- Large Super Balance Threshold (LSBT) is set at $3 million for 2026-27.
- Very Large Super Balance Threshold (VLSBT) is set at $10 million for 2026-27.(community.ato.gov.au)
What the tax looks like
| Total Super Balance | Rate on Earnings Above Threshold |
|---|---|
| Over $3 million but ≤ $10 million | 15% on the earnings linked to the portion above $3 million.(community.ato.gov.au) |
| Above $10 million | 25% total (15% plus additional 10%) on the portion above $10 million.(community.ato.gov.au) |
Who is affected
- Members with multiple super accounts may find their combined balance pushes them into the extra tax zone. SMSFs (self-managed super funds) and APRA-regulated member funds both report balances.(community.ato.gov.au)
- If just prior to the start or end of the year you're above LSBT or VLSBT, you’ll use the higher of the two balances for calculating tax.(community.ato.gov.au)
Timing and reporting
- Notice of assessments under Division 296 will be issued in the latter half of 2027-28, once super funds have reported relevant earnings.(community.ato.gov.au)
- Thresholds will be indexed in future years in line with inflation.(community.ato.gov.au)
Strategic Considerations and Planning Tips
- Review all super accounts to calculate your true TSB. Even a forgotten account could trigger the 15% top-up.
- Weigh risk vs reward of earnings: If most growth is currently inside super, consider whether moving some assets out (outside super) might reduce exposure, taking into account external tax effects.
- Timing contributions: Contributions that push you over LSBT may carry higher tax liability. For high-net-worth individuals, splitting contributions across years may be useful.
- Fund selection may impact future earnings distributions—look for funds that can manage taxable earnings with strategies like smoothing or tax offsets. SMSFs offer flexibility, but require rigorous record-keeping.
Example scenario
Alex has total super balances of $4 million. His investment earnings in the 2026-27 year are $200,000. Under Division 296:
- The portion over $3 million is $1 million.
- 15% only applies to earnings attributed to that $1 million.
- If 25% attributable to that $1 million’s investment yields $50,000, only that earnings portion is taxed at 15%. The rest of earnings stay taxed as per standard rules.
What's Not Changing
- These additional rates do not apply to the entire super balance—just earnings above the thresholds.
- Existing concessional (pre-tax) and non-concessional (after-tax) contribution caps remain relevant and unchanged by this measure.
Conclusion: Individuals with high super balances must factor in Division 296 when planning contributions and fund investment strategies. Consult financial advisers for personalised structuring.