Floreat, WA / Syndication Cloud / January 23, 2026 / Approved Financial Planners Pty Ltd
Key Takeaways
- Division 296 tax targets high-net-worth individuals with superannuation balances exceeding $3 million, starting 1 July 2026 with revised rules focusing on realised earnings rather than unrealised gains.
- The updated tax structure introduces two tiers: 30% on earnings between $3-10 million and 40% above $10 million, with both thresholds indexed to inflation in $150,000 and $500,000 increments respectively (subject to CPI fluctuations).
- SMSF property holdings face particular challenges regarding valuation and liquidity management when Division 296 tax obligations arise during low cash flow periods.
- Strategic restructuring options require individualised professional assessment to navigate withdrawal strategies, investment structure changes, and contribution timing effectively.
- High-balance superannuation holders have until 1 July 2026 to implement restructuring strategies before the new tax regime takes effect.
The Australian superannuation landscape is undergoing its most significant transformation in decades for high-net-worth individuals. With Division 296 tax changes now locked in for July 2026, wealthy Australians with substantial superannuation balances face critical decisions about restructuring their retirement strategies. Many are seeking professional financial advice to help navigate the changes with the deadline looming.
Division 296 Tax Targets Earnings on Super Balances Above $3 Million from July 2026
Division 296 introduces an additional tax layer on superannuation earnings where an individual’s Total Superannuation Balance (TSB) exceeds $3 million. This measure specifically targets Australia’s wealthiest superannuation holders, with the government initially estimating approximately 90,000 super balances will be affected by the $3 million threshold (this figure may be revised closer to implementation).
The tax applies regardless of whether superannuation funds are in the accumulation or pension phase. Even retirement phase balances, traditionally tax-free on earnings, contribute to the TSB calculation that triggers Division 296 obligations. For individuals approaching or exceeding these thresholds, understanding the mechanics becomes vital for effective retirement planning, according to the experts at Perth-based Approved Financial Planners.
Key Changes Make Division 296 More Effective for High-Net-Worth Investors
Treasurer Jim Chalmers announced substantial modifications to the original Division 296 proposal following extensive industry consultation. These changes address the most controversial aspects while maintaining the government’s revenue objectives.
1. Only Realised Earnings Taxed from July 2026
The government has scrapped its plan to tax unrealised capital gains on superannuation balances above $3 million. Under the revised proposal, Division 296 tax applies only to realised earnings, including interest, dividends, rent, and actual capital gains from asset sales. This eliminates the administrative complexity and potential liquidity crises that would have forced asset sales just to meet tax obligations on paper profits.
2. Tiered Tax Rates: 30% and 40% on Excess Earnings
A second threshold of $10 million creates a more progressive tax structure. Earnings on balances between $3 million and $10 million face a 30% tax rate (existing 15% plus additional 15% Division 296 tax). Balances exceeding $10 million attract a 40% rate (additional 25% Division 296 tax). Approximately 8,000 superannuation balances are expected to reach the higher threshold.
3. CPI Indexation in $150k and $500k Increments
Both thresholds will now be indexed to inflation, preventing bracket creep from gradually capturing more superannuation holders over time. The $3 million threshold increases in $150,000 increments while the $10 million threshold rises in $500,000 steps, providing predictability for long-term retirement planning.
4. Start Date Pushed to 1 July 2026
Implementation has been delayed by one year, with the first relevant calculation date being 30 June 2027. This provides additional preparation time for superannuation funds, advisers, and affected members to understand the rules and implement appropriate strategies.
Tax Impact Examples for High-Balance Super Holders
Understanding the practical implications requires examining specific scenarios that reflect common situations among affluent individuals.
$5 Million Balance with Realised Earnings
Consider an individual with a $5 million total superannuation balance generating $400,000 in realised earnings during 2026-27. The excess balance above $3 million is $2 million, representing 40% of the total balance. Division 296 tax applies to 40% of realised earnings ($160,000), resulting in additional tax of $48,000 at the 30% rate.
$15 Million Balance Under Two-Tier Structure
A higher-balance example involves a $15 million total superannuation balance with $900,000 in realised earnings. The calculation becomes more complex under the tiered structure. The first $7 million excess (between $3-10 million) represents approximately 46.67% of the total balance, attracting 30% tax on allocated earnings ($280,000), resulting in $84,000 additional tax. The remaining $5 million excess (above $10 million) represents approximately 33.33% of the total balance, attracting 40% tax on allocated earnings ($300,000), resulting in $120,000 additional tax. Total Division 296 liability reaches $204,000 (calculations subject to final legislation).
Strategic Restructuring Options Require Professional Guidance
The complexity of Division 296 calculations and interactions with existing superannuation rules necessitate individualised professional assessment for effective strategy implementation.
1. Withdrawal Strategies Need Individual Assessment
Partial superannuation withdrawals can reduce TSB below relevant thresholds, but eligibility depends on meeting conditions of release. For individuals over preservation age, strategic withdrawals might reduce Division 296 exposure while maintaining tax-effective investment structures outside superannuation. However, withdrawn funds cannot typically be recontributed, making timing and amount calculations critical.
2. Investment Structure Changes Require Tax Analysis
Restructuring investments across personal names, family trusts, or companies creates different tax outcomes that require detailed modelling. Personal investments face marginal tax rates up to 47% including the Medicare levy, while company structures typically attract 30% tax (rates current as of November 2025 and subject to change). Family trusts offer flexibility but subject beneficiaries to their personal tax rates. The optimal structure depends on individual circumstances, income levels, and long-term objectives.
3. Contribution Timing Must Consider Personal Circumstances
Spouse contribution splitting and strategic contribution timing can help manage Division 296 exposure where family members have lower superannuation balances. Adult children or spouses with room for additional contributions might receive redirected superannuation flows, subject to eligibility rules and contribution caps.
4. Liquidity Planning for Tax Obligations
Superannuation funds must maintain sufficient liquidity to meet Division 296 tax obligations when they arise. This becomes particularly challenging for funds heavily invested in illiquid assets or during periods of low cash flow generation.
SMSF Property Holdings Face Valuation and Liquidity Challenges
Self-managed superannuation funds holding farmland or commercial property confront unique Division 296 challenges. Property assets may appreciate significantly over time, contributing to TSB growth that triggers Division 296 obligations, yet generate insufficient rental income to fund additional tax liabilities.
SMSF trustees are evaluating whether to transfer property assets outside superannuation or restructure investments toward more liquid alternatives. Property transfers typically trigger capital gains tax events and stamp duty obligations that must be weighed against ongoing Division 296 liabilities. The timing of such decisions becomes critical given the July 2026 commencement date.
Some SMSF trustees are considering partial property disposals or development strategies to generate liquidity while maintaining exposure to property markets. Others are examining debt strategies to extract equity without triggering disposal events, though superannuation borrowing restrictions limit available options.
Tailored Division 296 Strategies for HNWI
The Division 296 changes create both challenges and opportunities for sophisticated wealth management. Early planning allows high-net-worth individuals to implement optimal structures before the July 2026 commencement, potentially saving substantial tax over their retirement years.
Effective strategies require integration across superannuation, tax, estate planning, and investment management disciplines. The interconnections between Division 296 calculations, existing superannuation rules, and broader wealth structures demand detailed analysis rather than isolated decision-making.
For individuals with complex financial situations, the cost of suboptimal structuring far exceeds professional advisory fees. The revised Division 296 rules give greater certainty for planning purposes, but individual circumstances determine which is best for you.
Approved Financial Planners Pty Ltd
7/437 Cambridge St,
Floreat
WA
6014
Australia
