Division 296 is an additional tax on superannuation earnings attributable to total super balances above AUD 3 million. It became law in March 2026 and applies from 1 July 2026.
AUD 3m
Balance threshold, indexed
~30%
Effective rate on earnings attributable to AUD 3m–10m
~40%
Effective rate above AUD 10m, indexed threshold
30 Jun 27
First assessments based on balances at this date
Earnings attributable to balances between AUD 3 million and AUD 10 million attract an additional 15%, taking the effective rate to about 30%. Above AUD 10 million, the effective rate rises to about 40%. Both thresholds are indexed, and the tax applies to realised earnings. Confirm rates, mechanics and dates against final ATO guidance — sources at the foot of this page.
Many trustees and advisers are now reviewing whether super above the threshold should stay there. That is a decision for you and an AFSL licensed adviser — it is not one Capital for Life advises on, and this page does not suggest an answer.
What we provide is the technical picture of one structure those advisers are increasingly asked about: how an international life insurance policy behaves on tax, access, cost and estate transfer, so that a proper comparison with super, trusts and personal holdings can be made. If your adviser wants that comparison, we prepare it with them.