Division 296: What the New Superannuation Tax Could Mean for You
Division 296: What the New Superannuation Tax Could Mean for You
Superannuation members with balances above $3 million may soon be subject to additional tax on their superannuation investment earnings.
Following the recent passage of the Building a Stronger and Fairer Super System legislation through the Senate, the new Division 296 tax is scheduled to apply from 1 July 2026.
While detailed regulations are still to be released, the legislation represents an important change for individuals with substantial superannuation balances, including members of self-managed superannuation funds (SMSFs).
What is Division 296 tax?
Division 296 introduces an additional tax on superannuation earnings for individuals whose Total Superannuation Balance (TSB) exceeds certain thresholds.
Under the new rules:
- Members with a TSB between $3 million and $10 million may pay an additional 15% tax on the proportion of their superannuation earnings relating to the balance above $3 million.
- Members with a TSB above $10 million may pay a further 10% tax on the proportion of earnings relating to the balance above $10 million.
This is in addition to the existing 15% tax generally payable on earnings in accumulation-phase superannuation funds.
In practical terms, this means the effective tax rate on relevant earnings may increase:
Total Superannuation Balance Potential tax rate on relevant earnings
Up to $3 million 15%
Between $3 million and $10 million Up to 30%
Above $10 million Up to 40%
The $3 million and $10 million thresholds are intended to be indexed to inflation over time.
How will the thresholds be measured?
The thresholds will be based on an individual’s highest Total Superannuation Balance at either the start or end of the relevant financial year.
The first year of operation, 2026–27, will be a transitional year. Balances will effectively be assessed as at 30 June 2027.
For members whose balances are close to either threshold, this may create an opportunity to review their position before that date. Depending on eligibility and personal circumstances, options may include withdrawing funds or assets from superannuation before 30 June 2027.
Any decision to reduce a superannuation balance should only be made after considering the broader tax, retirement, estate planning and investment consequences.
Can the tax be paid from superannuation?
Yes. Where Division 296 tax is payable, the Australian Taxation Office is expected to issue a release authority that allows members to access funds from their superannuation to pay the liability.
This may be particularly relevant for SMSF members or retirees who do not have sufficient cash outside superannuation to meet the tax personally.
Important opportunity: CGT asset reset
Superannuation funds, including SMSFs, may have an opportunity to reset the cost base of eligible capital gains tax assets to market value as at 30 June 2026.
This could allow unrealised capital gains accrued before 1 July 2026 to be effectively “locked in” under the existing tax rules, rather than being exposed to the new Division 296 regime in future years.
However, the proposed reset appears likely to apply to all eligible fund assets, rather than allowing trustees to select individual assets. This means the decision will need to be carefully considered.
For SMSFs in particular, obtaining reliable market valuations may become increasingly important. Trustees may need to arrange valuations earlier than usual, particularly where the fund holds property, unlisted investments or other assets that are more difficult to value.
Estate planning and death benefit considerations
Division 296 also adds another layer to superannuation estate planning.
When a member dies, superannuation benefits may be paid to adult children or other non-dependants. Depending on the components of the benefit, these payments can already attract death benefits tax.
If fund assets need to be sold to pay a death benefit, capital gains may arise. These gains could affect the member’s Division 296 position where their balance exceeds the relevant threshold.
Reversionary pension recipients may also need to consider the impact of their combined superannuation balance, particularly where it exceeds $3 million.
This reinforces the importance of reviewing binding death benefit nominations, pension arrangements, fund liquidity and the likely tax outcomes for intended beneficiaries.
Defined benefit interests may be more complex
The treatment of defined benefit interests under Division 296 is expected to require careful consideration.
Defined benefit pensions will need to be revalued annually to determine whether the $3 million threshold has been exceeded. Growth in the notional value of the pension, including indexation, may be relevant in calculating the tax.
Members with a combination of defined benefit interests, account-based pensions and accumulation accounts may face particularly complex calculations. Further regulations are expected to clarify how these interests will be treated.
What should you do now?
If your superannuation balance is approaching or exceeds $3 million, now is a good time to review your position.
Areas to consider include:
- Your current and projected Total Superannuation Balance
- The value and liquidity of assets held in your superannuation fund
- Whether a CGT asset reset may be beneficial
- The level of superannuation that is appropriate for your circumstances
- The tax consequences of withdrawing funds or transferring assets outside superannuation
- Estate planning, death benefit nominations and beneficiary outcomes
- Whether your SMSF has sufficient cash flow to meet future tax liabilities
The detailed regulations for Division 296 are still to be released, so the final operation of some aspects of the legislation remains unclear.
At STM Advisory, we can help you understand how the changes may affect your superannuation strategy and work with your financial adviser to consider the most appropriate options for your circumstances.
If you would like to discuss your position, please contact our team.
This article is general information only and does not constitute financial advice. Individual circumstances vary, and advice should be obtained before making decisions about superannuation, investments or estate planning.











