Division 296 Calculator
Calculate the revised Division 296 super tax from 1 July 2026 — 15% extra on the share of realised earnings attributable to balances above $3M, plus an additional 10% on the share above $10M.
Last verified: 1 July 2025How is Division 296 tax calculated from 1 July 2026?
Division 296 takes effect 1 July 2026 and applies to members with a total super balance (TSB) above $3M on 30 June. It is levied personally, not by the fund. The tax uses realised earnings only — unrealised capital gains were dropped in October 2025. Tier 1: extra 15% on the share of earnings attributable to the balance between $3M and $10M. Tier 2: additional 10% on the share above $10M. Thresholds are CPI-indexed from FY2027-28 (in $150k and $500k steps). Source: Treasury, Australian Government; ATO.
How the revised Division 296 works
From 1 July 2026, Division 296 adds an extra 15% tax on the share of realised super earnings attributable to balances above $3 million, and an additional 10% on the share above $10 million. It applies on top of the existing 15% fund tax, so the combined rate is roughly 30% between $3M and $10M, and roughly 40% above $10M.
No tax on unrealised gains
The original 2023 proposal to tax unrealised capital gains was dropped in October 2025. The final legislation (passed the Senate on 10 March 2026) uses realised earnings only — based on fund taxable income — so paper gains on unsold assets are not taxed.
General information and estimates only — not financial, tax, or legal advice. Always verify with a licensed adviser or the ATO.
Related reading
Extra 15% tax on super above $250,000 combined income. Division 293 could cost you $4,500 on a $30K contribution. How it works and what to do.
$3 Million Super Tax (Division 296) from July 2026: Who's Affected & What to DoFrom July 1, 2026, super balances over $3 million face an additional 15% tax on realised earnings, plus another 10% above $10 million. Unrealised gains were dropped from the final legislation. Here's how the revised Division 296 works, who's affected, and strategies to consider.
Stamp Duty in NSW 2025-26: Rates, Exemptions & Calculator$31,335 on a $800K home, but first home buyers pay $0 under $800K. Full NSW stamp duty rates, exemptions, and calculator for 2025-26.
Australian Tax Brackets 2025-26: Rates, Calculator & Stage 3 Cuts Explained$85K salary = $16,288 tax + $1,700 Medicare levy. Full 2025-26 tax brackets after Stage 3 cuts, offsets, and how to calculate your bill.
What is Division 296?
Division 296 is a new tax on superannuation earnings for individuals with a total super balance (TSB) above $3 million. The final legislation passed the Senate on 10 March 2026 and takes effect from 1 July 2026, with the first assessments applying to the 2026-27 financial year.
Under the revised rules, Division 296 has two tiers. For the share of your super earnings attributable to the portion of your TSB between $3M and $10M, an extra 15% tax applies on top of the existing 15% fund tax — a combined rate of roughly 30%. For the share attributable to the portion above $10M, an additional 10% applies, taking the combined rate to roughly 40%.
How Division 296 is calculated
The ATO will calculate Division 296 tax using a proportional method on REALISED earnings:
- Calculate realised earnings: Take the fund's taxable income, deduct assessable contributions, add back net exempt current pension income, and deduct non-arm's-length income. Only realised capital gains are included — unrealised gains are excluded.
- Tier 1 proportion: (TSB − $3,000,000) ÷ TSB. This determines what share of earnings is attributable to the amount above the $3M threshold.
- Tier 1 tax: earnings × Tier 1 proportion × 15%.
- Tier 2 proportion (only if TSB > $10M): (TSB − $10,000,000) ÷ TSB.
- Tier 2 tax: earnings × Tier 2 proportion × an additional 10% — stacked on top of Tier 1.
No tax on unrealised gains
The major change in October 2025 was dropping the taxation of unrealised capital gains. The original 2023 proposal used a mark-to-market approach where paper gains on unsold assets could trigger a Division 296 liability — a serious concern for SMSF members holding illiquid assets like direct property or unlisted shares.
Under the revised methodology, earnings are limited to realised taxable income as reported by the fund. Paper gains on assets you continue to hold are not taxed. Tax is only crystallised when gains are realised through disposal of assets.
The $10 million second tier
A new second tier applies to members with balances above $10 million. The share of earnings attributable to the portion of your TSB above $10M is taxed at an additional 10% on top of the Tier 1 15%. Combined with the 15% fund tax, the effective rate on this slice of earnings is roughly 40%.
The thresholds ARE indexed (from 2027-28)
Unlike the original proposal, both thresholds are indexed to CPI from FY2027-28 onwards. The $3 million threshold rises in $150,000 increments, and the $10 million threshold rises in $500,000 increments. Indexation won't stop bracket creep entirely, but it significantly softens it compared to the frozen threshold in the original proposal.
Strategies to manage Division 296
- Time asset realisations: Because only realised gains count, you have more control over when earnings fall into a particular year. Spreading disposals across multiple years can smooth the impact.
- Withdraw excess above $3M: If you are in retirement phase, drawing down your balance below the threshold reduces the Tier 1 proportion (or eliminates Division 296 altogether).
- Diversify outside super: For future savings, consider non-super structures such as family trusts, investment bonds, or personal investments where Division 296 doesn't apply.
- Carry-forward losses: If your realised earnings are negative in a year, the loss carries forward to offset Division 296 earnings in later years.
Division 296 vs Division 293
These are separate taxes that can apply simultaneously. Division 293 is an extra 15% tax on concessional contributions for people earning above $250,000 (Division 293 income test). Division 296 is a tax on super earnings for people with balances above $3 million. A high-income earner with a large super balance can be liable for both in the same year.