Government revises proposed $3 million super tax (Division 296)

The Federal Government has announced today major adjustments to the proposed Division 296 tax on superannuation earnings above $3 million, following industry consultation.

Key changes include:

  • Start date pushed back
    The measure would now begin on 1 July 2026, based on Total Super Balances at 30 June 2027.
  • Progressive tax rates introduced
    Instead of a flat rate, a tiered system will apply to earnings:

    • Up to $3 million: 15%
    • $3 million to $10 million: 30%
    • Above $10 million: 40%

  • Thresholds to be indexed
    The $3 million and $10 million caps will be indexed over time to reflect inflation and align with the Transfer Balance Cap.
  • Only realised earnings taxed
    The tax will apply to future realised gains, not unrealised gains—addressing liquidity concerns for SMSFs and funds holding illiquid assets.
  • Defined benefit parity
    Defined benefit schemes will receive equivalent treatment, with Treasury to consult on calculation methods.

These revisions are seen as a substantial improvement on the original proposal and reflect strong advocacy from the industry and professional bodies.

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