Superannuation Calculator: Will You Be Hit by the $3M Tax?
Ultimate Salary Calculator Team
Our content is written and reviewed by finance and tax enthusiasts to ensure accuracy.
The controversial Division 296 tax – commonly known as the "$3 million super tax" – is set to begin from July 1, 2025, affecting individuals with superannuation balances exceeding $3 million. But how exactly does this tax work, and will it impact your retirement plans? Our comprehensive guide helps you understand the real implications.
Division 296 Tax at a Glance
Key Details
- Threshold: $3 million (not indexed)
- Tax rate: Additional 15%
- Total tax: Up to 30% on large balances
- Start date: July 1, 2025
Who's Affected
- People affected: ~80,000 (0.5%)
- Typical age: 85% over 60
- Common structure: Self-Managed Super Funds
- Applies to: Unrealised gains too
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Understanding Division 296: The Basics
What is Division 296 Tax?
Division 296 introduces an additional 15% tax on earnings attributable to superannuation balances exceeding $3 million. This is levied on top of existing superannuation taxes, potentially bringing the total tax rate on large balances to 30% (15% fund tax + 15% Division 296 tax).
Key Features Explained
$3 Million Threshold
The threshold is not indexed to inflation, meaning more people will be affected over time as superannuation balances grow.
Individual Assessment
Applied to individuals regardless of how many super funds they have, ensuring no splitting to avoid the threshold.
Unrealised Gains
Includes both realised and unrealised capital gains, creating potential cash flow challenges for asset-heavy portfolios.
Who Will Be Affected?
The Numbers
According to Treasury estimates:
- Fewer than 0.5% of all Australians will be affected initially
- Approximately 80,000 individuals currently have balances over $3 million
- 85% of affected individuals are over age 60
- Most affected members are in Self-Managed Super Funds (SMSFs)
Typical Profile of Affected Individuals
High Accumulators
- • High-income professionals who've maximised contributions for years
- • Business owners who've sold businesses and contributed proceeds
- • Long-term property investors with significant capital gains
- • Individuals with inherited wealth in superannuation
Investment Strategies
- • Concentrated property investments in SMSFs
- • Significant share portfolios with strong growth
- • Business real property held within super
- • Alternative investments with high returns
How the Tax Calculation Works
The Formula
Division 296 Tax = 15% × Taxable Earnings × Taxable Proportion
Where:
- Taxable Proportion = (Total Super Balance - $3M) ÷ Total Super Balance
- Taxable Earnings = Growth in adjusted super balance over the year
Real-World Example: Sarah's Situation
Case Study: SMSF with Property Investment
Initial Position (June 30, 2025):
- • Total Super Balance: $4.5 million
- • SMSF holding commercial property and shares
- • Age 62, recently retired
End of Year (June 30, 2026):
- • Total Super Balance: $4.976 million
- • Property value increased $350k (unrealised)
- • Share portfolio gains: $126k
- • Total earnings: $476,000
Division 296 Tax Calculation:
- 1. Taxable Proportion: ($4.976M - $3M) ÷ $4.976M = 39.71%
- 2. Taxable Earnings: $476,000 × 39.71% = $189,020
- 3. Division 296 Tax: $189,020 × 15% = $28,353
The Controversial "Unrealised Gains" Component
What Makes This Tax Unique
Unlike traditional taxes that apply when you sell assets, Division 296 tax applies to unrealised capital gains – increases in asset values that haven't been locked in through sales. This creates several challenges:
Example: Property in Super
Scenario: John's SMSF owns property worth $2.5 million in 2025. By 2026, the property is valued at $2.8 million, taking his total super balance to $3.2 million.
Result: John faces Division 296 tax on the property's paper gain, even though:
- • He hasn't sold the property
- • No cash has been generated
- • He may need to sell other assets or use personal funds to pay the tax
- • Property values could decline the following year
The "Double Tax" Problem
When John eventually sells the property, a complex situation arises:
- Division 296 tax already paid on unrealised gains
- Capital gains tax still applies to the super fund on the full gain
- No offset between the two taxes under current legislation
This creates a potential for effective double taxation that has been heavily criticized by industry experts.
Impact on Different Super Strategies
Self-Managed Super Funds (SMSFs)
Advantages
- • More flexibility in asset sales to generate cash for tax payments
- • Ability to restructure investments strategically
- • Control over timing of asset disposals
- • Direct management of compliance requirements
Challenges
- • Higher administrative burden and compliance costs
- • Need for more sophisticated investment strategies
- • Potential forced asset sales in illiquid markets
- • Regular professional valuations required
Industry and Retail Funds
Advantages:
- Professional management of tax implications
- Diversified portfolios less likely to create cash flow issues
- Automated compliance and reporting
- Economies of scale in administration
Limitations:
- Less control over investment mix and timing
- May need to switch to SMSF for more sophisticated strategies
- Limited ability to optimize for individual circumstances
Strategic Responses to Division 296
Pre-July 2025 Strategies
1. Contribution Caps Review
Maximise Your Remaining Contribution Space
- • Concessional contributions: $30,000 annually (plus carry-forward if eligible)
- • Non-concessional contributions: $120,000 annually
- • Bring-forward rules: Up to $360,000 in one year if under 67
- • Downsizer contributions: $300,000 additional for eligible over-67s
2. Asset Restructuring
Consider moving different asset types in and out of superannuation:
- Move growth assets outside super: Shares, growth properties, alternative investments
- Keep income-generating assets in super: Bonds, term deposits, dividend-paying shares
- Consider asset splitting: Distribute assets between spouses to utilise both $3M thresholds
3. Timing Strategies
If Balance Close to $3M Threshold:
- • Delay further contributions until balance stabilizes
- • Consider partial withdrawals if in retirement phase
- • Review high-value insurance policies within super
If Already in Retirement Phase:
- • Accelerate pension withdrawals above minimum requirements
- • Consider lump sum withdrawals to reduce balance
- • Recontribute as non-concessional if beneficial
Post-July 2025 Management
1. Cash Flow Planning
Ensuring you can pay Division 296 tax becomes critical:
- Maintain liquidity: Keep sufficient cash or easily liquidated investments
- Diversification strategy: Balance growth and liquid assets
- Regular rebalancing: Monitor proximity to threshold quarterly
- Cash generation plan: Strategy for funding tax payments without forced sales
2. Advanced Strategies
Pension Phase Maximisation
- • Utilise full $2M transfer balance cap for tax-free pension phase
- • Consider pension account vs accumulation account allocation
- • Optimize between spouses' transfer balance caps
Estate Planning Integration
- • Consider implications for beneficiaries
- • Death benefit pension vs lump sum strategies
- • Binding death benefit nomination reviews
Industry Perspectives and Criticism
Supporter Arguments
- • Better targeting: Reduces tax concessions for the very wealthy
- • Revenue generation: Estimated $2.3 billion over four years
- • Equity principle: Higher-income earners contribute more to tax revenue
- • System sustainability: Ensures superannuation system serves its intended purpose
Critic Concerns
- • Complexity: Difficult to calculate and comply with
- • Cash flow issues: Tax on unrealised gains without cash generation
- • Non-indexation: More people affected over time due to inflation
- • Economic impact: May discourage saving and investment
- • Sovereign risk: Concerns about retrospective changes to retirement savings
Case Studies: Real-World Scenarios
Case Study 1: The High-Flying Executive
Mark, 58, CFO with $3.8M Super Balance
Challenge: Expecting $300K annual growth in super balance
Strategy Implemented:
- • Move $500K to spouse's super (below threshold)
- • Restructure investments toward income-focused assets
- • Plan early retirement at 60 with pension commencement
- • Establish separate investment portfolio outside super
Outcome: Reduces Division 296 exposure by 40% while maintaining total wealth accumulation
Case Study 2: The Property Investor
Lisa, 62, Retired with $3.2M SMSF Holding Commercial Property
Challenge: Property value growth creating unrealised gains tax liability
Strategy Implemented:
- • Partially liquidate property through strata subdivision
- • Diversify proceeds into mixture of income and growth assets
- • Establish pension to access $2M Transfer Balance Cap
- • Maintain core property exposure while reducing concentration
Outcome: Maintains property investment thesis while managing tax impact and improving liquidity
Case Study 3: The Business Owner
David, 55, Sold Business and Contributed $2M to Existing $1.5M Super
Challenge: Now over threshold with significant growth potential
Strategy Implemented:
- • Immediate use of remaining non-concessional cap space
- • Asset allocation review favoring defensive investments
- • Spouse contribution strategy to equalise balances
- • Establish outside investment portfolio for growth assets
Outcome: Delays threshold impact while maximising family superannuation benefits and maintaining growth exposure
Technology and Administration
ATO Implementation
The Australian Taxation Office will handle Division 296 administration through:
- Automated calculations: ATO to calculate tax using existing super fund data
- Individual assessment: Tax bill sent directly to individuals, not super funds
- Payment options: Pay personally or authorize super fund to pay on your behalf
- Integration with existing systems: Leverages current super reporting infrastructure
Record Keeping Requirements
Essential Documentation
- • Detailed asset tracking: Valuations and contribution timing records
- • Professional valuations: Required for certain assets like property
- • Regular monitoring: Quarterly balance reviews recommended
- • Transaction records: All contributions, rollovers, and benefit payments
- • Supporting documentation: Evidence for valuation methodologies
Professional Advice: When You Need It
Key Indicators for Professional Help
Immediate Advice Needed
- • Super balance approaching $2.5 million
- • Complex asset structures (property, unlisted shares)
- • Multiple super funds or SMSFs
- • Significant annual contributions or rollovers
Strategic Planning Required
- • Family wealth distribution considerations
- • Business sale proceeds to contribute
- • Estate planning integration needs
- • International tax implications
Types of Professional Advisors
Financial Planners
Overall strategy development, retirement planning, and wealth management coordination
Tax Advisors
Specific Division 296 compliance, optimization strategies, and tax structure advice
SMSF Specialists
Fund administration, investment strategies, and compliance management
Estate Planning Lawyers
Integration with broader wealth structures and succession planning
The Bottom Line
Division 296 tax represents a significant change to Australia's superannuation landscape. While affecting fewer than 0.5% of Australians initially, the non-indexed threshold means more people will be impacted over time.
Key Takeaways
- • Start planning now: Don't wait until July 2025
- • Regular monitoring: Track super balances and growth projections
- • Professional advice: Essential for balances approaching $3 million
- • Flexibility required: Strategies may need adjustment as legislation evolves
- • Cash flow planning: Ensure ability to pay tax on unrealised gains
- • Asset diversification: Balance growth and liquid investments
- • Spouse strategies: Utilise both partners' $3M thresholds
- • Long-term perspective: Focus on overall wealth, not just super
Most importantly, remember that having over $3 million in superannuation remains a privileged position. The tax, while adding complexity, doesn't eliminate the substantial benefits of the superannuation system for retirement planning.
Ready to plan your strategy? Use our comprehensive Australian superannuation calculator above to model different scenarios and understand how Division 296 tax might affect your retirement plans.