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Division 296 tax is a reality

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Supporting Australians through the new era of superannuation taxation

The passage of Division 296 through the Parliament for Royal Assent on 10 March 2026 marks one of the most significant changes to Australia's superannuation system in decades.

This new reform, combined with the Government's broader focus and discussion on tax-reforms such as changes to capital gains tax, negative gearing and taxing trusts – is leading many Australians to consider alternative tax-effective investment and wealth transfer strategies.

While Division 296 will directly impact individuals with superannuation balances above $3 million, its broader implications for long-term wealth planning are already reshaping the conversations financial advisers and investors are having.

Division 296 reinforces an increasingly important principle in portfolio construction: structural diversification.

Rather than relying solely on superannuation, financial advisers and investors are seeking to diversify wealth across multiple investment structures to manage legislative risk alongside investment risk.

 

The scale of the change - who will be impacted?

Treasury estimates suggested that around $425 billion in superannuation balances would fall within the scope of the new tax.¹

It estimated that:

  • 77,400 individuals hold superannuation balances between $3 million and $10 million¹
  • 5,700 individuals hold superannuation balances above $10 million¹
  • Around 50,000 SMSF members could be affected, with 13.5% potentially facing liquidity pressures²

However, the reform is not only relevant for those with earnings from superannuation balances already above the $3 million threshold.

Investors with superannuation balances between $2 million and $3 million may be asking an important question: is there a realistic chance their balances could exceed $3 million over time, indexed to the consumer price index?

For many, particularly those with long investment horizons - the answer may well be, yes.

 

Structural diversification gains momentum

While superannuation remains a highly tax-effective structure, alternative structures such as family trusts, companies and investment bonds are increasingly being considered alongside it as part of a broader portfolio structure.

As policy debate continues across multiple other areas of the tax system, financial advisers are increasingly focused on building client portfolios that are diversified not only across asset classes, but also across legislative frameworks.

One structure attracting renewed attention is the investment bond. Unlike superannuation, investment bonds operate outside the superannuation system and are not subject to contribution caps or balance thresholds.

 

Why Generation Life investment bonds?

Potential tax advantages relative to Division 296 – Generation Life Tax Optimised investment options estimated effective tax rates generally ranges as low as 10-15%.³

Estate planning outcomes without compromise - Providing control, clarity and flexibility when transferring wealth across generations.

Tax-effective wealth ownership transfer opportunities - Tax free and flexible transfer at any point, regardless of who the beneficiary is – with simplicity and certainty.

Creditor protection - Added layer of security when appropriately structured, safeguarding from creditors in the case of bankruptcy.

These features are increasingly relevant for financial advisers and investors seeking to maximise after-tax outcomes, manage government policy and legislative risks, and have added certainty for intergenerational wealth transfers.
 

Thinking beyond superannuation

“Benjamin Franklin famously said that in life, nothing is certain except death and taxes”

What has changed in recent years is the pace at which tax policy can evolve.

Division 296 does not diminish the fundamental strengths of Australia's superannuation system. However, it does highlight the importance of thoughtful investment structuring.

For financial advisers, the client conversation is evolving beyond asset allocation alone. Increasingly, it is about helping build wealth using multiple structures to create greater flexibility and certainty as government policy settings continually evolve.

 

Navigating this new landscape

Division 296 will reshape how many Australians approach long-term wealth planning, particularly for high-net-worth investors.

Discover how Generation Life investment bonds can complement superannuation strategies and help your clients build greater certainty and confidence in achieving their long-term wealth goals.

 

1. Based on proposed Division 296 version as set out in Treasury, Impact Analysis, Better Targeted Superannuation Concessions 2023.

2. Evaluation of the proposed (earlier version of) changes to superannuation tax concessions published October 2023, International Centre for Financial Services at the University of Adelaide for the SMSF Association.

3. Estimated average tax rates being the estimated average annual tax as a percentage of earnings for each 12-month period over a period of 15 years. Actual tax amounts payable are not guaranteed and may vary from year to year based on, amongst other things, the earnings of an investment option.

If you're a financial adviser

Understanding how different investment structures can complement superannuation is becoming an increasingly important part of delivering forward-looking and holistic advice.

Have a scenario in mind? We are here to help.

Our investment bonds can help investors get the flexibility and certainty needed when seeking to tax-effectively invest or when considering how to transfer their wealth to the next generation.

Book a strategy session with your Distribution Manager today to explore practical scenarios that can help you deliver meaningful strategies and outcomes for your clients.