Superannuation $3 Million Dollar Rule – update
Federal Treasurer’s announced on 13 October 2025 changes to the proposed Division 296 tax measure which applies additional tax to earnings attributable to an individual’s total superannuation balance (TSB) in excess of $3 million. The start date for the revised measure has been pushed back to 1 July 2026 with the first Div 296 tax assessments in respect of the 2026-27 financial year being issued in 2027-28.
The changes announced included introducing a second large superannuation balance threshold of $10 million with an additional 25% tax imposed on earnings attributable a total superannuation balance (TSB) in excess of $10 million, indexing the large balance thresholds of $3 million and $10 million to CPI, and moving to a realised earnings approach that aligns to existing income tax concepts. No longer will the tax be imposed on unrealised gains.
Changes will now make this tax a two tier approach;
- 15% extra tax on earnings attributable to a TSB above $3 million up to $10 million, meaning a total tax rate of 30% applied to this portion of earnings
- 25% extra tax on earnings attributable to a TSB above $10 million, meaning a total tax rate of 40% applied to this portion of earnings
Both thresholds will be indexed to the Consumer Price Index (CPI). The $3 million threshold will be indexed in increments of $150,000 and the higher $10 million threshold will be indexed in increments of $500,000.
Funds will need to calculate taxable/realised earnings and attribute to fund members. Adjustments will be made for elements such as contributions and pension phase income. Calculations closely align to existing tax concepts – it will not include unrealised gains.
Please note this is not yet law (must pass both Houses of Parliament). Start date is proposed to be 1 July 2026, with the first assessment against the large balance thresholds on 30 June 2027. ATO will send a tax assessment for the additional tax which can be paid from either super or personal funds. Does not apply to everyone – only those over $3 million at 30 June.
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