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Tax hike on super balances above $3 million: Is it time to rethink our retirement savings vehicles?

Now that the contentious Division 296 tax changes on superannuation balances above $3 million are law, individual fund members who will be affected by the changes can begin to plan with more certainty.

A quick look at the changes

Commencing 1 July 2026, the tax rate levied on super fund earnings for members with balances above $3 million will increase.

Some of the key points to note include:

  • Your super fund will continue to pay tax at the existing rate of 15% on applicable fund earnings
  • An additional 15% tax will apply on earnings generated on member balances between $3 million and $10 million, bringing the total tax on those earnings to 30%
  • An additional 25% tax will apply on earnings generated on member balances above $10 million, bringing the total tax on those earnings to 40%
  • The additional tax is levied on the fund member and not the fund itself
  • The member can either pay the tax personally or request the additional tax amount to be released from their super fund balance and paid to the Australian Taxation Office (ATO)
  • The member’s total super balance (TSB) will be used to calculate tax payable
  • The $3 million and $10 million thresholds will be indexed for inflation
  • These changes are not designed to apply a limit on super fund account balances. Rather, they are designed to apply a higher rate of tax on fund earnings where members have large account balances.

Learn more about the new Division 296 rules.

Although these changes apply to most types of super funds, they will have a much greater effect on members of self-managed super funds, due to their higher average member balances and the investments held within these funds.

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Response

  1. Mark Bradbury Avatar
    Mark Bradbury

    Hi Garth, I think that we need to be careful about calling this as a 30% tax rate as this will never really be the case. There are some very good articles on the Firstlinks website detailing the real calculation methods and the fact that it amounts to an additional up to 15% tax surcharge on the Super earnings particularly as it’s only on the proportion the the earnings deemed (including unrealised gains) to be allocated from those assets that are above the $3M mark, ie only 25% of income if the balance was $4M.
    It may also be the case that 0% tax is being paid on the base income generated if that income is generated from a pension account that has grown to be in excess of $3M, although unlikely at the moment definitely not impossible in future years especially if starting at $1.9M next year and drawing down minimum pension amounts. I estimate my own account will be there within five years.
    Regards Mark

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