Division 296 is now law. From 1 July 2026, if your total superannuation balance exceeds $3 million on 30 June, you pay an extra 15% on the proportion of your fund’s realised earnings above that threshold, taking the effective rate to about 30%. A second tier adds 25% (about 40% effective) on earnings above $10 million.
Want a quick estimate first? Try our Division 296 tax calculator to see the additional tax on the earnings of your super balance above $3 million.
For years the $3 million super tax was a proposal that might never happen. It has happened. The Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026 received royal assent on 13 March 2026 and applies from the 2026-27 financial year, with the first test taken on 30 June 2027 (ATO, Better targeted superannuation concessions). If you are a business owner who has spent a decade building super, or an SMSF trustee holding a factory, a commercial premises or your business’s operating property inside the fund, this is now a live planning issue, not a headline. This article is the action-focused companion to our general Division 296 explainer: it is written for owners and trustees who need to know what to actually do before 30 June 2027. I am Mina Baselyous, a Chartered Tax Advisor (CTA) and CPA, and at Pinnacle Accounting & Advisory we are already restructuring client positions in response to this law.
What Division 296 is now that it is law
Division 296 is an additional tax on the earnings attributable to the part of your total superannuation balance (TSB) that sits above $3 million. It does not replace the tax your fund already pays; it stacks on top. The concessional environment inside super still applies to your first $3 million. Above that, the concession is wound back. The law received royal assent on 13 March 2026 and takes effect for 2026-27 and later years.
Two features matter for planning. First, the tax is levied on the individual, not the fund, and it is assessed on your TSB across all your super accounts combined, not fund by fund. Second, after a long and contested consultation, the final law taxes actual realised earnings, not the unrealised paper gains that dominated the original 2023 proposal. In our experience that single change transforms how a well-advised trustee should hold assets inside super.
Who actually gets caught
You are caught if your total superannuation balance exceeds $3 million on 30 June of the relevant year. The threshold (called the large super balance threshold) is set at $3 million for 2026-27 and is indexed to CPI in $150,000 increments; the second threshold is $10 million, indexed in $500,000 increments. Crucially, this is a rising tide: balances comfortably under $3 million today can cross it through contributions and growth.
The two groups we see most exposed are established business owners who have maximised super for years and now sit near or above $3 million, and SMSF trustees holding lumpy, illiquid assets. If your self-managed fund owns your business premises, a commercial property, or the land your operation runs from, a single revaluation or a sale can push your TSB well past the threshold in one year. The people who feel this hardest are not the ultra-wealthy; they are ordinary owners whose largest asset happens to sit inside a fund.
How the tax is calculated: a worked example
Division 296 uses a proportion method. You do not pay the extra tax on all your earnings, only on the slice attributable to the balance above the threshold. The formula is the additional rate multiplied by the proportion of your TSB above $3 million, multiplied by your realised earnings for the year.
Take Megan, aged 58, with a TSB of $4.5 million on 30 June 2027 and $500,000 of realised earnings in 2026-27. The proportion of her balance above $3 million is ($4.5m minus $3m) divided by $4.5m, which is 33.33%. Her Division 296 tax is 15% multiplied by 33.33% multiplied by $500,000, which equals $25,000. That $25,000 is on top of the tax her fund already paid on those earnings, and she can choose to pay it personally or release it from super.
Not sure whether your balance, or your SMSF’s property, will push you over $3 million?
At Pinnacle, we model your total superannuation balance across every account, stress-test it against a property revaluation or a good market year, and map the options while there is still time to act before 30 June 2027. Book a consultation with Mina to see exactly where you stand.
Book a ConsultationThe $10 million tier and the real effective rates
Above $10 million, a second tier applies. Earnings attributable to the proportion of your TSB between $3 million and $10 million carry an additional 15% (roughly 30% effective once the fund’s own tax is counted), while earnings attributable to the proportion above $10 million carry an additional 25% (roughly 40% effective). The design is graduated, so only the slice of earnings tied to the highest band pays the top rate.
Thirty to forty per cent is still competitive against the top personal marginal rate of 47% (including Medicare levy, 2025-26, per the ATO individual income tax rates). That is the point most commentary misses: Division 296 narrows the super advantage, it does not erase it. Whether super remains the right home for a given dollar becomes a genuine calculation rather than an automatic yes.
Why SMSF trustees with property or illiquid assets must act first
The liquidity trap is the biggest practical risk for SMSFs. Division 296 tax is assessed personally, but you can elect to release the amount from your fund. If your SMSF’s main asset is a building, there may be no cash to release, and a tax bill triggered by a paper revaluation followed by an eventual sale can force an awkward decision at the worst time. Because the final law taxes realised earnings, the timing of when you crystallise gains inside the fund is now something you control and should plan.
In practice, says Mina Baselyous (CPA, CTA, Registered Tax Agent), the mistake we see most is trustees treating a large SMSF property as set-and-forget. Under Division 296 the questions become: when will this asset be revalued, when might it be sold, and does the fund hold enough liquidity to fund a resulting liability without a fire sale. Those questions should be answered now, not in the year of sale.
Planning responses before 30 June 2027
There is no single fix, and anyone promising one should be treated with caution. What works is a considered mix, chosen for your circumstances, put in place before the first test date. These are the levers we work through with clients.
- Reconsider whether super is still the right destination. If you are near $3 million, additional concessional and non-concessional contributions may now push more of your earnings into the Division 296 zone. For some owners, directing surplus profit into a bucket company capped at the 30% corporate rate, or into investments held personally or in a family trust, is more efficient than adding to a balance already above the threshold.
- Review structure across the household. Two members with $2.5 million each are outside Division 296; one member with $5 million is inside it. Contribution splitting and evening balances between spouses over time is a legitimate, long-game response.
- Plan the timing of realised gains. Because only realised earnings count, when you sell or crystallise assets inside the fund now matters. Spreading disposals across years, or timing them against years of lower TSB, can materially change the bill.
- Fix the liquidity gap. SMSFs holding property should model the worst-case liability and ensure the fund, or the members, can meet it without being forced to sell.
- Get valuations right. Since the balance on 30 June drives everything, defensible, well-timed asset valuations are no longer a compliance afterthought; they are a planning tool.
These interact with your wider structure, which is why we look at Division 296 alongside your trading entity, your year-round tax planning and your broader superannuation strategy rather than in isolation.
What business owners should do now
First, calculate your real total superannuation balance across every account and project it forward three to five years including likely contributions and growth. Second, if an SMSF holds property or other illiquid assets, model a revaluation and a sale and check the fund’s liquidity. Third, decide, deliberately, where each future dollar of surplus should live: super, a company, a trust, or personally. None of this needs panic, but all of it needs a plan before 30 June 2027, because the levers that work best are the ones set up early.
Frequently Asked Questions
Is Division 296 actually law or still just a proposal?
Division 296 is law. The Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026 received royal assent on 13 March 2026 and applies from the 2026-27 financial year. The first test of your total superannuation balance is taken on 30 June 2027, so the earnings that count are those from 1 July 2026 onwards.
Does Division 296 tax unrealised gains on my SMSF property?
No. The final law taxes actual realised earnings, not the unrealised paper gains in the original 2023 proposal. That means the timing of when you sell or crystallise an asset inside your fund is now a planning lever you control, rather than being taxed each year on movements in a valuation you have not banked.
What is the effective tax rate under Division 296?
Division 296 adds 15% on earnings attributable to the balance between $3 million and $10 million, taking the effective rate to about 30% once the fund’s own tax is counted. Earnings attributable to the balance above $10 million carry an additional 25%, about 40% effective. It is graduated, so only the highest slice pays the top rate.
Should I stop making super contributions if I am near $3 million?
Not automatically, but you should reassess. Adding to a balance already near or above $3 million pushes more earnings into the Division 296 zone. For some owners, directing surplus into a bucket company, a family trust or personal investments is more efficient. The right answer depends on your full structure, so model it before contributing.
Is the $3 million Division 296 threshold indexed?
Yes. The $3 million large super balance threshold is set for 2026-27 and is indexed to CPI in $150,000 increments. The second threshold of $10 million is indexed in $500,000 increments. Even so, balances under $3 million today can cross it through contributions and growth, so projecting your balance forward matters.
General Advice Disclaimer: The information in this article is general in nature and does not constitute personal financial, tax, or legal advice. It has been prepared without taking into account your personal objectives, financial situation, or needs. Before acting on anything in this article, consider its appropriateness to your circumstances and seek advice from a registered tax adviser or CPA. Liability limited by a scheme approved under Professional Standards Legislation.
Ready to do Business with Us?
Join countless small businesses and work with
Australia’s leading Small Businesses Accountants so you can
focus on growing your business – while we take care of the numbers.









