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What’s this $3m tax on super? Explaining Division 296 tax

What’s this $3m tax on super? Explaining Division 296 tax

Clients are beginning to hear about a proposed new tax on a portion of their earnings as we approach its likely implementation date. This tax, known as Division 296, is essentially a tax on earnings for those with superannuation balances greater than $3 million. The proposed law is expected to take effect from the 2025-2026 financial year and will impact those whose Total Super Balance (TSB) exceeds $3 million at the end of the relevant financial year.

Although the law is not yet in place, it is likely to be enacted. Some details are still being reviewed as industry bodies provide submissions on the fairness and workability of the new tax.

Key features

  • First determination: Sometime after 1 July 2026.
  • Personal tax liability: This tax is a personal tax liability, not a fund tax liability.
  • $3 million threshold: Applies per individual as of the end of the financial year.
  • Earnings threshold: The tax applies to the proportion of your earnings above $3 million and does not differentiate between realised and unrealised gains.

Rate of tax

The tax rate is 15%, applied only to the earnings corresponding to the percentage of your TSB that exceeds $3 million. 

The formula used is:

Chart 2: the S&P 500’s PE ratio with and without the MegaCap 8

Superannuation earnings

The next step in determining the amount of Division 296 tax that you may be liable for is to determine the amount of superannuation earnings for the relevant year.

Basically, you look at the difference between the balance at the start of the financial year (remember this will commence 1 July 2025) and the end of the financial year (30 June 2026).

You then need to make adjustments for contributions and withdrawals made during that year to come up with the adjusted Total Super Balance)

TSB at end of the relevant year + withdrawal total – contributions total.

So, the adjusted amounts will then be as follows:

Current year adjusted TSB – previous year TSB.

Worked example

On 30 June 2026, Cartia has a TSB of $4 million. During 2025/2026, she made a lump sum withdrawal of $100,000 and received concessional contributions of $27,500. Her TSB on 30 June 2025 was $3.2 million.

While Cartia’s superannuation earnings for Division 296 purposes are estimated to be $876,625, only $219,156.25 is subject to the tax. These earnings are attributable to the portion of her superannuation exceeding $3m.

After applying the 15% Division 296 tax rate, her personal liability will be $32,873.44.

While this is a personal tax liability, Cartia may request her superfund pay the tax from her member balance.

Summary and what’s next?

Division 296 is a new 15% tax on earnings (both realised and unrealised) on member super balances over $3m. However, while we expect it to be legislated, it isn’t law as yet as industry groups put forward submissions for certain tax aspects to be reviewed. The areas of contention include:

  • Unrealised gains should not form part of the taxable super earnings.
  • If unrealised gains are taxed, there should be a rebate if those assets are realised at a lower value in the future.
  • The $3m threshold should be indexed

Assuming it is passed to commence in the 2025/2026 financial year as we expect, there is no need to do anything until 2026.

If you would like to discuss your situation, please get in touch.

While there are strategies that you may consider to minimise this tax, the appropriateness depends on your specific situation. Please feel free to contact us and we can talk you through it and help put a strategy in place in due course.

Steward Wealth’s Co-Founders named as ifa Excellence Award finalists 2021

Steward Wealth’s Co-Founders named as ifa Excellence Award finalists 2021

Anthony Picone and James Weir – Directors & Co-Founders of Steward Wealth have been named as finalists in the ifa Excellence Awards for SMSF Adviser of the Year & Industry Thought Leader of the Year.


The finalist list, which was announced on 24 August 2021, features over 210 high-achieving financial services professionals across 27 submission-based categories. 
 

The ifa Excellence Awards is the pinnacle event for recognising the outstanding achievements and excellence of exceptional professionals across Australia’s independent advice sector.  

The awards were created to acknowledge and reward the contributions of professionals leading the charge within the financial advice industry, noting their dedication to their profession. 

After the past year of uncertainty and challenges brought on by the pandemic, now more than ever, it’s important to stop and take a moment to celebrate both your accomplishments and those of your peers. 

 “At a time of change and upheaval for the industry, and after another year of business and family disruption as a result of COVID, it’s so important to take some time and recognise the achievements of the industry and the fantastic innovations that are going on inside advice businesses,” says ifa editor Sarah Kendell. 

“A huge congratulations to all of this year’s finalists for their outstanding dedication to client service through such a challenging time and the excellent examples they are setting for their peers around adaptation and success through adversity.”  

James Weir, Director and Co-Founder at Steward Wealth, said that he was extremely proud to be recognised and endorsed as a finalist in the ifa Excellence Awards 2021.  

“This recognition for our contribution to the financial planning industry reinforces the strength of our services and capabilities as we continue to grow. Highlighting our dedication to connecting with the community and engaging with clients,” Anthony Picone, Director and Co-Founder at Steward Wealth added. 

Looking for an industry endorsed SMSF advisor?

Find out more about our SMSF services below or call Steward Wealth today on (03) 9975 7070.

Investors are wildly more optimistic than financial professionals

Investors are wildly more optimistic than financial professionals

The average investor across the world has wildly more optimistic return expectations than the average financial adviser.

Boston-based Natixis Investment Managers conducted its eighth annual survey of investors, spread across 24 countries over March and April, and found the average expected long term return among the 8,550 respondents was 14.5 per cent per year. In a striking contrast, the global average amongst the financial professionals they surveyed was only 5.3 per cent per year. For the record, Australian investors expected a return of 14.4 per cent, compared to 6 per cent for the financial professionals.

The difference between investor expectations and those of financial professionals is something Natixis calls the ‘expectation gap’. For 2021 it is 174 per cent, but tellingly, it has jumped by almost half from the 2020 gap, after investors’ return expectations leaped by 25 per cent but financial professionals’ were unchanged.

Conspicuously, as financial markets have continued to rise since the surveys started in 2014, investors’ expectations have gone up hand in hand. In 2014, real returns, that is, after inflation, were expected to be 8.9 per cent, and for 2021 it’s 13 per cent.

The branch of economics that studies human behaviour refers to ‘recency bias’, which is where peoples’ expectations, and not just about financial returns, are heavily influenced by their most recent experiences, whether they be good or bad.

It’s easy to theorise that after seeing share markets rebound spectacularly from the fastest ever 30 per cent sell off, to the second fastest ever 100 per cent gain in the US, that it’s recency bias more than common sense that’s leading investors to expect the good times to keep on rolling.

By contrast, financial advisers keep getting told by highly rated, and highly paid, investment consultants, that successive years of strong, above average market returns will almost inevitably be followed by years of below average returns due to the inexorable force of mean reversion. Trees don’t grow to the sky, after all.

According to Vanguard, over the past 50 years Australian shares have averaged a return of 9.7 per cent per year and for international shares it was 9.9 per cent. However, if we change the horizon to 20 years, the return for Australian shares was 8.4 per cent, and for international it was a far less impressive 4.7 per cent. In other words, the point at which you invest makes an enormous difference.

It’s an argument that makes sense and is backed up by compelling data: the likelihood of strong future share market returns declines the higher are valuation multiples. With global share markets hitting new all-time highs, the noise around valuations grows by the day. The challenge for a smart investor is, of course, which valuation multiple do you use and why?

One of the most commonly used multiples is the Cyclically Adjusted Price to Earnings (CAPE) ratio, which is the brainchild of Nobel economics laureate Bob Shiller. For the US it’s currently above 38, and the only time it’s been higher was in the period leading up to the dotcom bust. Australia’s is a far more modest 24.

Advocates of the CAPE ratio point to its ability to predict future share market returns over the next 10 years, based entirely on what’s happened in the past. For the US, at current levels, it’s about 1 per cent per year, and for Australia, it’s about 9 per cent.

However, critics of the CAPE ratio point out it’s all but useless as a timing tool, given the US has been above its long-term average now for almost the whole of this century. Also, critically, trying to compare today’s macro environment, characterised by record low interest rates and bond yields, super accommodative monetary policy and record fiscal stimulus, to past periods that were almost the opposite, is like comparing the proverbial apples and oranges.

The same argument applies to comparing a normal PE ratio to historical averages: how do you account for vastly different inflation, bond yields and policy settings?

Unfortunately, there is no crystal ball that will tell you accurately and consistently what future returns will be. Investors may end up being right for the wrong reasons, or the conservatism of the average financial professional could prove prescient.

Forgot to make that super contribution? Don’t despair, you may ‘catch-up’

Forgot to make that super contribution? Don’t despair, you may ‘catch-up’

It’s not uncommon to meet prospective clients who either forgot to make a concessional super contribution the previous year, or didn’t feel it was necessary.

However, all is not lost, with a little understood strategy which, in some circumstances, allows you to make ‘catch-up’ contributions.

So what are ‘catch-up’ contributions?

The rules around catch-up, or more accurately known as ‘Carry-forward’ contributions, simply allow super fund members to use any of their unused concessional contributions cap (or limit) on a rolling basis for five years.

So, if you didn’t make the maximum concessional contributions ($25,000 in 2019/2020), you can carry forward the unused amount for up to 5 years. After 5 years, any unused concessional contributions will expire.

The first year these rules came into force and concessional contributions could be accrued from was the 2018/2019 financial year.

Why were they introduced?

The Federal Government introduced carried-forward contributions to help those who have had interrupted working lives to get more money into superannuation. Those who had time off work to have children, care for children or loved ones, or even those who previously didn’t have the financial capacity to contribute to superannuation all benefit from these rules.

Who is eligible to make carry-forward contributions?

Anyone who has a total superannuation balance under $500,000 as at 30th June in the previous financial year is eligible to make catch up contributions.

What are concessional contributions again?

Concessional contributions are those made from pre-tax dollars. It includes:

  • employer contributions of 9.5% pa of your salary
  • Salary sacrifice contributions.
  • Lump sum contributions to superannuation which you notify your superfund provided that you intend to claim a personal tax deduction.

There is an annual $25,000 limit for concessional contributions.

How does it work?

This can best be illustrated with an example.

Tina has a total superannuation balance of $300,000. After taking a couple of years leave, she returned to work in July 2019.

During the 2019/2020 financial year, Tina was eligible to carry forward her concessional contributions she didn’t make in 2018/2019, however, she chose to not make an additional contribution above her employer contributions of $10,000.

So, for the 2020/2021 year, Tina has a total of $65,000 of eligible concessional contributions. She has done particularly well from her holding in Afterpay shares and decides to sell them giving rise to a significant capital gains tax liability. Tina has a meeting with her adviser at Steward Wealth about how she may reduce this tax liability. Her adviser recommends making full use of the carry-forward provisions and advises her to make concessional contributions totaling $65,000 (including her employer contributions). Not only will she receive a tax deduction for the contribution, but she will also grow her superannuation balance.

Forgot to make that super contribution Dont despair you may catch-up

In summary

Carry-forward provisions are a real opportunity for those who haven’t been in a position to make contributions to superannuation, or who have simply forgotten to do so.

While it can assist in building up your retirement benefit, as you can see from our case study above, careful planning can also make it a very effective tax planning tool.

Superannuation can be very complex and advice really needs to be tailored to each individual. If you would like to discuss further, the Steward Wealth team are more than happy to assist you.

Want an assessment as to how this strategy could work to maximise your financial well-being?

Call Steward Wealth today on (03) 9975 7070.