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Division 293 super tax explained (including calculator)

For most high-income earners, saving for retirement through super is a sensible, tax-effective strategy; but there are limits. As your income rises, you could end up paying extra tax on your concessional (before-tax) super contributions.

Under the Division 293 tax rules, if your income and concessional contributions total more than $250,000 in a financial year, you may have to pay an additional 15% tax on some or all of your super contributions.

Division 293 tax is imposed on top of the normal 15% contributions tax paid on concessional contributions when they enter your super account.

What Division 293 tax means for high-income earners

Division 293 tax is an extra charge imposed on some of the super contributions made by higher-income earners to reduce the tax benefits they receive from the super system.

If your income plus any ‘low tax’ super contributions totals more than $250,000 in a financial year, you are liable for Division 293 tax of 15% on the amount of the low tax contributions above this threshold.

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Low tax contributions are concessional contributions that are within your concessional contribution cap.

Good to know: Exemption for State higher level office holders

Employer contributions made to constitutionally protected (untaxed) super funds are not subject to Division 293 tax when the employee is a State higher level office holder. Higher level office holders include:

  • State Ministers (or members of staff)
  • the Governor (or members of staff)
  • MPs
  • Heads of a Government Department or statutory office holders of equivalent seniority (e.g., Police Commissioner)
  • Judges, justices, and magistrates

The contributions are however counted towards the threshold for the purposes of determining if Division 293 tax applies to other contributions made by the individual, such as salary sacrifice.

Why do I have to pay Division 293 tax?

The extra 15% tax imposed under the Division 293 rules is applied because, as a high-income earner, your marginal tax rate (without the 2% Medicare levy) for income amounts over $190,000 is 45% (in 2025–26). When you make a concessional contribution into your super account, however, you only pay a 15% tax rate.

This means you are receiving a bigger saving on your tax bill by making super contributions than someone earning between $45,001 and $135,000 (whose marginal tax rate is 30% in 2025–26).

To make things fairer, Division 293 imposes an additional tax of 15% on higher income earners to bring the amount of tax they save on their super contributions closer to that paid by someone on an average income.

Unfortunately, Division 293 tax is applied even if your income goes over the $250,000 threshold due to a one-off event – such as making a capital gain or receiving an eligible termination payment or salary bonus.

In these situations, the tax rate for your concessional contributions during that financial year increases if you exceed the threshold but drops back the following year when your income goes back under the Division 293 threshold.

Good to know: Background to Division 293

From 1 July 2017 onwards, the annual combined income and super contribution threshold for paying Division 293 tax was reduced to $250,000. Between 2012–13 and 2016–17, the threshold for paying Division 293 tax had been $300,000.

The government claimed lowering the threshold for Division 293 tax would better target the tax concessions provided within the super system and ensure it remained equitable and sustainable – not simply increase the amount of tax revenue it collected. The threshold for Division 293 tax has not been indexed since 2017, so in future years more Aussies will be paying this tax as their income increases.

Division 293 tax income and contributions

The ATO calculates your Division 293 income and Division 293 super contributions by:

1. Determining your income for Division 293 tax purposes

The ATO uses your income tax return to determine your annual Division 293 income. This is based on the same income calculation used for the Medicare levy surcharge, disregarding any reportable super contributions.

The ATO’s income calculation is based on your:

  • Taxable income (your assessable income minus allowable deductions)
  • Total reportable fringe benefits
  • Net financial investment and rental property losses
  • Net amount on which family trust distribution tax has been paid
  • Super lump sum taxed elements with a zero tax rate
  • Any assessable First Home Super Saver Scheme (FHSSS) released amounts.

These amounts are added up (except the super lump sum and assessable FHSSS released amount, which are subtracted) to give the income amount.

2. Determining your super contributions for Division 293 tax purposes

Super contributions counted for Division 293 tax purposes are concessional (before-tax) contributions that are within your concessional cap such as:

  • Contributions made by your employer (SG plus any additional employer amounts)
  • Salary-sacrifice to super
  • Personal super contributions for which you claim a tax deduction
  • Notional contributions if you are a member of a defined benefit super fund.

Any concessional contributions that are above your concessional cap are not counted for Division 293 purposes. These excess contributions are instead added to your taxable income and taxed at your marginal tax rate, with a 15% rebate to account for the contribution tax already deducted.

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Need to know

Different rules apply if you are a member of a defined benefit fund. Where Division 293 tax relates to your benefit in a defined benefit fund, you don’t pay it until a super benefit is paid to you from the fund.

The ATO, however, keeps a debt account for the amount of Division 293 tax you are yet to pay and interest is added to this amount. The debt will be paid when your defined benefit is released to you by your super fund . For more information, see the ATO website.

 

How Division 293 tax is calculated

You are only required to pay Division 293 tax if the sum of your income and contributions for Division 293 purposes exceeds the annual threshold.

You will be liable for the extra tax on either your total low tax contributions, or the amount that is over the current threshold – whichever amount is lower. The tax rate on this amount is 15%.

Division 293 tax is not charged on excess contributions above your concessional cap.

Case study

Last financial year, Ayumi was assessed by the ATO as having Division 293 income of $240,000 and $25,000 in concessional contributions for Division 293 super purposes. Her total income plus concessional contributions was therefore $265,000 ($240,000 + $25,000).

Ayumi’s super fund paid the normal contributions tax of $3,750 on her concessional contributions when they were paid into her super account (15% x $25,000).

Because Ayumi’s income plus her concessional contributions was over the $250,000 threshold, she was also liable for Division 293 tax on her super contribution.

Her taxable super contribution for Division 293 purposes is whichever is the lesser amount:

  • Low tax super contributions = $25,000
  • Income plus low tax contributions above the $250,000 threshold ($265,000 – $250,000 = $15,000).

Ayumi was liable for an additional $2,250 in Division 293 tax on the amount of her super contributions that was above the threshold (15% x $15,000).

Notice that Ayumi did not pay the additional 15% tax on all of her super contributions. Her total concessional contribution was $25,000, but only $15,000 of that was above the threshold. As a result, Ayumi paid additional tax only on the $15,000.

Ayumi paid the usual 15% tax on the first $10,000 of her contributions, and 30% on the remaining $15,000 – the standard 15% contribution tax plus 15% Division 293 tax.

With salary sacrifice to super

If Ayumi also chose to contribute $5,000 by salary sacrificing to super during the year, her total low-tax contribution would increase to $30,000. At the same time, her income would reduce to $235,000 because the salary sacrificed amount was subtracted.

Her total income plus low tax contributions would remain $265,000 ($235,000 income + $30,000 contributions).

Ayumi’s Division 293 liability would not change. Since the tax is calculated based on the lower of her low-tax contributions and the amount above the threshold, and she would remain $15,000 above the threshold, the $15,000 figure is still the lower amount.

Division 293 calculator


Try our calculator to estimate whether you may be liable for Division 293 tax, and if so, how much it could add to your tax bill.

If you’re an employee, enter your gross salary before tax and any salary sacrifice to super, not including your employer’s super contributions. Income from self-employment should be included with other taxable income.

The results are a guide only and do not take into account your full financial situation.

  • Your employer pays 12% super guarantee on your gross salary, up to a maximum of $30,000 per financial year.
  • All contributions related to salary earned this financial year reach your super account before 30 June.
  • No contributions related to salary earned in a previous financial year have been added to your super account during the current financial year.
  • You are not contributing to a constitutionally protected (untaxed) super fund

Paying a Division 293 tax debt

Calculating any Division 293 tax is done by the ATO after you lodge your income tax return. It combines the information from your return with data from the member contribution statements it receives from super funds and the annual return from your SMSF (if you are an SMSF member).

If you are required to pay any tax, you will receive an assessment notice from the ATO or a notice in your myGov inbox if you lodged your tax return using myTax.

You can choose to pay a Division 293 tax bill either with your own money, or by electing to use your existing super account balance via myGov. If you want to pay with your super balance but can’t access myGov, you can complete and submit a Division 293 tax due and payable election form to the ATO.

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