✓ Enacted law from 1 July 2026. Royal Assent 13 March 2026. Enter reported Division 296 fund earnings when you have them; use TSB estimate only as a fallback. Confirm with the ATO or a licensed tax adviser.

2026-27 financial year onwards

Division 296 Tax Calculator Australia

From 1 July 2026, members with Total Super Balance above indexed $3 million face additional tax on a slice of super earnings. Final enacted law taxes Division 296 fund earnings (generally realised), not paper revaluations alone — a material change from earlier draft proposals.

Use the calculator below to estimate liability for 2026-27, see how much can be released from super (up to 85%), and run a five-year projection. For the full policy walkthrough, see our Division 296 explainer (2026).

LSBT 2026-27: $3,000,000 (CPI-indexed) VLSBT 2026-27: $10,000,000 15% + 10% on attributable earnings All super funds — not just SMSF

Calculate Division 296 liability

Important: General information only. SuperCalc Pro does not hold an AFSL. Enter Division 296 fund earnings from your fund or tax return for accurate liability; TSB-movement estimate is directional only. Defined benefit interests use a different formula not modelled here. Consult a licensed tax adviser before acting.

Calculate your Division 296 liability

Three ways to enter earnings: build from SMSF annual return lines, paste reported Division 296 fund earnings from your fund or tax return, or use a TSB-movement estimate when you do not have earnings yet (directional only). You still need TSB at year start and end for the proportion test.

From SMSF annual return — can be negative

Concessional and other contributions in assessable income

Exempt current pension income

Expenses denied because they relate to exempt pension income

Your total super across all funds at start of the financial year

Your total super across all funds at end of the financial year

Concessional + non-concessional contributions across all funds

Pension payments, lump sum withdrawals, and commutations

5-year Division 296 projection

Assumes 7% annual investment growth, same contributions and withdrawals each year. Uses 2026-27 threshold values; LSBT and VLSBT index to CPI over time. Tax paid each year reduces the following year's balance. Illustrative only.

Indexed thresholds: The $3M and $10M lines rise with CPI in $150,000 and $500,000 steps. Strong investment growth can still push more members above the thresholds even as the lines index.

How Division 296 tax is calculated

The ATO applies tax to the earnings attributable to the balance above each threshold — not to your entire super balance. The calculator follows the enacted three-step structure below. Defined benefit interests use a different formula and are not modelled here.

Step 1 — Division 296 earnings

Enacted law uses Division 296 fund earnings reported to the ATO (generally realised). Use Build from fund return with SMSF annual return figures, Reported earnings when you have the ATO number, or TSB estimate as directional only:

Fund earnings = taxable income − assessable contributions + net ECPI
Proxy earnings = TSB (end of year) − TSB (start of year) − contributions + withdrawals

Unrealised capital gains are not taxed under final law. Confirm ATO guidance for your funds.

Step 2 — Proportions above thresholds

Proportion above LSBT = (TSB at year end − $3,000,000) ÷ TSB at year end
Proportion above VLSBT = (TSB at year end − $10,000,000) ÷ TSB at year end

Step 3 — Apply 15% and 10%

Tax = 15% × earnings × proportion above LSBT + 10% × earnings × proportion above VLSBT

Division 296 vs Division 293 — comparison

FeatureDivision 293Division 296
TriggerIncome for surcharge purposes > $250,000TSB above LSBT ($3M for 2026-27)
Tax baseConcessional contributionsDivision 296 fund earnings
Rate15% additional15% above LSBT + 10% above VLSBT
Indexed?No — $250k unchanged since 2012Yes — CPI-indexed thresholds
Effective date2012-132026-27
Can pay from super?Yes — up to 100% via release authorityYes — up to 85% via release authority

Frequently asked questions

When does Division 296 tax first apply?
From the 2026-27 financial year (1 July 2026). The Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026 received Royal Assent on 13 March 2026. First assessments follow member tax returns for that year.
Does it apply to my entire super balance or just the part above $3M?
Only the part above $3M is affected. Specifically, the proportion of your earnings attributable to the balance above $3M is taxed. Earnings on the portion below $3M remain taxed at the existing fund tax rate (15% for accumulation, 0% for pension phase up to the Transfer Balance Cap).
Does Division 296 apply to pension-phase assets?
Yes, if the total across all your super interests (accumulation plus pension) exceeds $3M. The Transfer Balance Cap controls how much you can have in the pension phase tax-free environment, but Division 296 operates on a different measure — total balances across all super interests including accumulation accounts.
What if my SMSF has a property that went up in value but I have no cash to pay the tax?
Final law taxes realised Division 296 earnings, not paper revaluations alone. If tax is still payable, you can release up to 85% from super via release authority. Illiquid SMSFs should plan liquidity for any personal portion and for years with large realised gains.
Can I reduce my Division 296 liability by splitting with my spouse?
Yes. Spouse contribution splitting can reduce one member's TSB below the $3M threshold while increasing the other's. If both spouses remain below $3M, neither pays Division 296 tax. This is one of the most commonly discussed planning strategies and requires careful modelling of both partners' balances over time.
Does Division 296 apply to defined benefit funds?
Yes, but the calculation for defined benefit interests is different. The ATO uses a notional earnings calculation based on the annual increase in the defined benefit interest rather than the change in TSB. This applies to Commonwealth and some state government defined benefit schemes.
Is this financial advice?
No. This calculator is for education and planning estimation only. SuperCalc Pro does not hold an AFSL and does not provide personal financial advice. Individual circumstances vary significantly — speak to a licensed tax adviser or financial planner.

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