On 11 February 2026 the government introduced the Treasury Laws Amendment (Building a Stronger and Fairer Super System) Bill 2026 to Parliament. This is the measure widely known as Division 296: an additional tax on earnings attributable to large superannuation balances. It is a bill, not law; the distinction matters for anything you do between now and 30 June.
What the bill proposes
As introduced, the design works in two tiers. Earnings attributable to the part of a person’s total superannuation balance between $3 million and $10 million would attract an additional 15% tax, taking the effective rate on those earnings to 30%. Earnings attributable to the part of the balance above $10 million would attract an additional 25%, an effective rate of 40%.
The tax applies to realised earnings. The proposed start date is 1 July 2026, making 2026-27 the first year the measure would apply. The ATO would calculate the liability.
Where it sits in Parliament
As at late February the bill had not yet passed the House of Representatives. In the Senate it is expected to need the support of the Greens. Parliament is not expected to deal with the bill again before March, so there is a real window in which the design could still be amended.
That uncertainty cuts both ways. The measure could pass in its current form, pass with changes or stall. Planning should account for all three outcomes rather than assuming one.
Why business owners should pay attention
It is tempting to file this under “tax on the very wealthy” and move on. For SME owners that would be a mistake, for two reasons.
First, many business owners hold their business real property inside a self managed super fund. Premises held in an SMSF for years, often alongside other investments, can push a balance well past $3 million without the owner ever feeling wealthy in the everyday sense.
Second, balances above $3 million are more common among long-standing business owners than the headlines suggest. Decades of contributions, asset growth and the sale proceeds of earlier ventures add up. If you have run a business for twenty years or more, do not assume this measure is about somebody else.
What to do now (and what not to do)
The most important advice is restraint. Do not restructure your affairs on the strength of a bill that may still change. Acting on a draft design risks paying real transaction costs to solve a problem that ends up looking different in the final law.
What you can usefully do now:
- Get current valuations of your SMSF assets, particularly business real property. You cannot assess your exposure without knowing where your balance actually sits.
- Model what the measure would mean for you if it passed in its current form. Knowing the number turns anxiety into a planning input.
- Talk to your adviser about contribution and structure options ahead of 30 June, so you understand the choices available before any deadline pressure arrives.
Before you act
This article is general information only and is not tax or financial advice. The bill described here had not passed Parliament at the time of writing and its details may change. Confirm the current status of the legislation and any planning decisions with a registered tax agent or licensed financial adviser before acting.