Division 296 tax: what it is and what it means for you
The Division 296 tax introduces an additional tax on certain super earnings for individuals whose Total Superannuation Balance (TSB) exceeds the large super balance threshold (LSBT), set at $3 million for the 2026–27 financial year.
13 Jul 2026
Key details
-
Division 296 is now law, with supporting regulations bringing greater clarity on how the tax will work, including how different types of super interests are valued and how earnings are calculated.
-
The new tax applies from 1 July 2026, with first assessments expected in 2027–28.
Accumulation Phase
Earnings on your super are generally taxed at 15% up to a balance of $3 million. If your total super balance exceeds the large super balance threshold (LSBT), an additional 15% Division 296 tax may apply to some of your earnings. If your balance exceeds the very large super balance threshold (VLSBT), set at $10 million for the 2026–27 financial year, a further 10% Division 296 tax may apply to earnings relating to the portion of your balance above that threshold.
| Balance range | Additional tax on earnings | Total tax rate on those earnings |
|---|---|---|
| Under $3M | 0% | 15% |
| $3M to $10M | +15% | 30% |
| Above $10M | +15%, plus a further 10% | 40% |
Retirement Phase
The way your super is taxed can differ once you move into retirement. While earnings on your Retirement account (allocated pension) are generally taxed at 0% up to a balance of $3 million, Division 296 introduces additional tax on earnings related to the portion of your total super balance above $3 million.
| Balance range | Additional tax on earnings | Total tax rate on those earnings |
|---|---|---|
| Under $3M | 0% | 0% |
| $3M to $10M | +15% | 15% |
| Above $10M | +15%, plus a further 10% | 25% |
These higher rates apply only to the part of your balance above each threshold, not your entire super.
Earnings for Division 296 purposes are based on a defined framework that reflects realised gains and changes in value over the year, taking into account contributions, withdrawals and other movements.
If you're affected, the ATO will calculate your Division 296 liability. You'll have the option to pay the amount personally or from your super. If you have a defined benefit interest, you may be eligible to defer your liability into a debt account.
Who this could affect
You may be affected if:
- your Total Super Balance (TSB) exceeds LSBT ($3 million for the 2026–27 financial year) across all your super accounts
- you have earnings captured under the rules (e.g. interest, dividends, and realised capital gains).
All super interests, including those in retirement phase, count towards your overall TSB.
Total superannuation balance | Australian Taxation Office
How this may apply in practice
Depending on your circumstances, Division 296 may apply differently:
- If you have a defined benefit interest, its value will be calculated using prescribed methods rather than a traditional account balance.
- If your super includes a mix of defined contribution and defined benefit interests, earnings may be calculated across both using different approaches.
- If your super balance changes during the year due to contributions, withdrawals or life events, these changes may affect how earnings are calculated.
- If the value of your super decreases in a year, this may result in lower or negative earnings for Division 296 purposes.
The total super balance (TSB) used to determine whether Division 296 applies depends on the income year and legislative rules. For the first year of operation, eligibility is assessed using your TSB at the end of the financial year. For subsequent years, the TSB used is the greater of your balance immediately before or at the end of the financial year. Members should not rely on a point-in-time CSC balance alone to determine whether Division 296 applies.
What Division 296 means for defined benefit accounts
Division 296 includes defined benefit interests in the calculation of your Total Superannuation Balance and earnings.
Defined benefit interests are assessed using specific valuation methods rather than a single formula, reflecting how these accounts are structured differently to other types of super.
In practice, this means:
- Your defined benefit interest is assigned a value using prescribed methods, so it can be counted alongside any other super you hold.
- Earnings are calculated differently to defined contribution super, based on how the value of your interest changes over time rather than investment returns on an account balance.
- Earnings may be attributed to your interest even without a visible account balance, reflecting how benefits accrue.
- Your defined benefit interest is combined with any other super you have when assessing whether you exceed the LSBT threshold.
- Special rules apply to certain pensions, including military invalidity income streams.
Overall, the aim is to ensure defined benefit interests are treated consistently with other types of super when applying the Division 296 tax.
What to do now
Consider your broader financial position if you are near or above the $3 million threshold.
You may wish to seek advice to understand how the new rules could apply to your circumstances.
Who might benefit from advice
Advice may be particularly valuable if you:
- have or are approaching $3 million or more in super
- hold assets in an SMSF, especially property or other illiquid investments
- have limited access to super
- are considering strategies as part of your broader financial position
- have estate planning considerations linked to super
How the tax will be paid
Division 296 is a personal tax liability assessed to you by the ATO, not a tax paid by your super fund, although it can be paid from your super balance. Defined benefit members may defer Division 296 tax into a debt account.