The Australian government is set to introduce a new tax measure, known as Division 296, targeting superannuation balances exceeding $3 million. This change, effective from 1 July 2025, aims to ensure that superannuation tax concessions are more equitably distributed. This article is designed to help Self-Managed Superannuation Fund (SMSF) trustees, advisers, and accountants understand the new tax, compare it with the current rules, and explore potential concerns and planning strategies.
Current Superannuation Tax Rules
Under the current system, superannuation contributions and earnings are taxed at concessional rates:
Concessional (before-tax) contributions are taxed at 15% up to the cap of $30,000 per year.
Non-concessional (after-tax) contributions are not taxed unless they exceed the cap of $110,000 per year.
Earnings within the super fund are taxed at 15% during the accumulation phase.
Capital gains on assets held for more than 12 months are taxed at an effective rate of 10%.
Proposed Division 296 Tax
From 1 July 2025, an additional 15% tax will be imposed on the earnings of superannuation balances exceeding $3 million. This tax is designed to apply only to the portion of the balance above $3 million, effectively increasing the tax rate on these earnings to 30%.
Calculation Method
The calculation of the Division 296 tax involves several steps:
Determine Earnings: Calculate the earnings as the difference between the total superannuation balance (TSB) at the end of the current financial year and the previous year, adjusted for withdrawals and contributions.
[ \text{Earnings} = (\text{TSB}{\text{current year}} + \text{Withdrawals} - \text{Net Contributions}) - \text{TSB}{\text{previous year}} ]
Proportion of Earnings: Calculate the proportion of earnings attributable to the balance above $3 million.
[ \text{Proportion of Earnings} = \frac{\text{TSB}{\text{current year}} - $3 \text{ million}}{\text{TSB}{\text{current year}}} ]
Tax Liability: Apply the 15% tax rate to the proportion of earnings.
[ \text{Tax Liability} = 15% \times \text{Earnings} \times \text{Proportion of Earnings} ]
Example for an SMSF Trustee
Consider an SMSF trustee, Alex, with the following details:
TSB at the end of 2025: $4 million
TSB at the end of 2024: $3.2 million
Withdrawals during 2025: $100,000
Net contributions during 2025: $27,500
Calculate Earnings: [ \text{Earnings} = (4,000,000 + 100,000 - 27,500) - 3,200,000 = 872,500 ]
Proportion of Earnings: [ \text{Proportion of Earnings} = \frac{4,000,000 - 3,000,000}{4,000,000} = 0.25 ]
Tax Liability: [ \text{Tax Liability} = 15% \times 872,500 \times 0.25 = 32,718.75 ]
Concerns for SMSF Trustees and Advisers
Several concerns have been raised regarding the Division 296 tax:
Unrealised Gains: The tax includes unrealised gains, potentially causing cash flow issues as tax must be paid on assets that have not been sold.
Negative Earnings: Losses in one year can be carried forward but not back, which may disadvantage clients with fluctuating asset values.
Lack of Indexation: The $3 million threshold is not indexed, meaning more individuals may be affected over time due to inflation and asset growth.
Planning Strategies
To navigate these changes, SMSF trustees and advisers can consider several strategies:
Rebalancing Accounts: Adjusting the allocation of assets within super accounts to manage growth and keep balances below the $3 million threshold.
Segregating High-Growth Assets: Placing high-growth assets in accounts with lower balances to minimize the impact of the Division 296 tax.
Estate Planning: Reviewing and updating estate plans to ensure efficient transfer of superannuation benefits and minimize tax liabilities.
Maximizing Contributions: Utilizing concessional and non-concessional contribution caps to optimize superannuation balances and tax outcomes.
Conclusion
The introduction of the Division 296 tax represents a significant shift in the taxation of superannuation balances over $3 million. By understanding the calculation methods, potential concerns, and planning strategies, SMSF trustees and advisers can better prepare for these changes and ensure their superannuation remains a valuable component of their retirement planning.
For personalized advice and to discuss how these changes might affect your specific situation, please feel free to contact me for tailored strategies to help you navigate these new rules effectively.
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