How will the proposed 30% tax on super above $3m work?

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How the tax will be paid

Individuals will have the choice of paying the tax personally or from their superannuation fund and those with multiple accounts can nominate which fund will pay the tax.

Reporting

No change is expected to fund reporting requirements.

Much like Division 293 tax, the Australian Taxation Office (ATO) will perform the calculation for the tax on earnings. TSBs in excess of $3 million will be tested for the first time on 30 June 2026 with the first notice of assessment expected to be issued to those impacted in the 2026-27 financial year.

What’s next?

The proposal is exactly that for the time being. One the proposed enabling legislation is released, a consultation process will follow before it reaches Parliament. Once before the Parliament, it is really down to the Parliamentary process. Lacking a majority in the Senate, the Government will need the support of the Greens at least one more (assuming the Coalition don’t support the legislation).

The process is unlikely to be a smooth one and we might see further change before the legislation reaches its final configuration. The simple message is, be aware but don’t react.

Proposed earnings calculation

Earnings calculation in a financial year:

𝐸𝑎𝑟𝑛𝑖𝑛𝑔𝑠 = 𝑇𝑆𝐵𝐶𝑢𝑟𝑟𝑒𝑛𝑡𝐹𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑌𝑒𝑎𝑟 − 𝑇𝑆𝐵𝑃𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝐹𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑌𝑒𝑎𝑟 + 𝑊𝑖𝑡ℎ𝑑𝑟𝑎𝑤𝑎𝑙𝑠 − 𝑁𝑒𝑡 𝐶𝑜𝑛𝑡𝑟𝑖𝑏𝑢𝑡𝑖𝑜𝑛𝑠

Proportion of earnings corresponding to funds above $3 million:

𝑃𝑟𝑜𝑝𝑜𝑟𝑡𝑖𝑜𝑛 𝑜𝑓 𝐸𝑎𝑟𝑛𝑖𝑛𝑔𝑠 =

𝑇𝑆𝐵𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐹𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑌𝑒𝑎𝑟 − $3 𝑚𝑖𝑙𝑙𝑖𝑜𝑛/

𝑇𝑆𝐵𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐹𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑌𝑒𝑎𝑟

Tax liability:

𝑇𝑎𝑥 𝐿𝑖𝑎𝑏𝑖𝑙𝑖𝑡𝑦 = 15 𝑝𝑒𝑟 𝑐𝑒𝑛𝑡 × 𝐸𝑎𝑟𝑛𝑖𝑛𝑔𝑠 × 𝑃𝑟𝑜𝑝𝑜𝑟𝑡𝑖𝑜𝑛 𝑜𝑓 𝐸𝑎𝑟𝑛𝑖𝑛𝑔

Examples

Balance exceeding $3 million

Warren is 52 with $4 million in superannuation at 30 June 2025. He makes no contributions or withdrawals. By 30 June 2026 his balance has grown to $4.5 million.

This means Warrens’ calculated earnings and additional’ tax liability are:

Balance growth	$4.5 million - $4 million	= $500,000
Proportion of earnings > $3m	($4.5 million - $3 million) ÷ $4.5 million	= 33%
2025-26 tax liability	15% × $500,000 × 33%	= $24,750

Earnings calculation

Carlos is 69 and retired. His SMSF has a superannuation balance of $9 million on 30 June 2025, which grows to $10 million on 30 June 2026.

He draws down $150,000 during the year and makes no additional contributions to the fund.

Earnings calculation	$10 million - $9 million + $150,000	= $1.15 million
Proportion of earnings > $3m	($10 million - $3 million) ÷ $10 million	= 70%
2025-26 tax liability	15% × $1.15 million × 70%	= $120,750

Rethink what your money can do.

Our Smart Private Wealth financial advisers are SMSF experts. Have a chat to see how we can help you look at your superannuation and retirement planning differently.

TALK WITH OUR SMSF EXPERTS TALK WITH OUR SMSF EXPERTS

Shannon Smit, Credit Representative No 533133 is a Credit Representative of SMART Business Solutions Mortgage & Lending Pty Ltd ACN 611 647 922.
SMART Business Solutions Mortgage & Lending Pty Ltd is a Corporate Authorised Representative of Outsource Financial Pty Ltd 384324.

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How will the proposed 30% tax on super above $3m work?