Category

Self Managed Superannuation

Superannuation and Tax: What Has Changed and What Comes Next

Superannuation remains one of the most powerful long-term wealth-building tools available to Australians. But as the system grows, now representing more than $3.5 trillion in retirement savings, governments periodically adjust the rules that govern how it operates.

Recent developments around superannuation caps and proposed tax changes have generated significant commentary. What has actually changed, and what does it mean for your strategy?

Contribution Caps Remain an Important Planning Tool

Superannuation contribution caps continue to shape how individuals can add to their retirement savings. The caps for this financial year and the next financial year are outlined in the table below.

Contribution Type Annual Limit – FY26 Annual Limit – FY27
Concessional Contributions $30,000 $32,500
Non-Concessional Contributions $120,000 $130,000
Bring-Forward Non-Concessional Up to $360,000 (over 3 years) * $390,000

*Eligibility depends on age and total super balance.

These limits are designed to balance two objectives: encouraging retirement savings while maintaining fairness in the tax system. They still represent a valuable opportunity to build tax-efficient retirement wealth over time.

Division 296 Has Now Passed

One of the most significant developments is the introduction of Division 296. This tax is payable on that portion of a member’s earnings that are attributable balances above $3m and $10m as per below.

Balance between $3m and $10m – additional 15% tax

Balance > $10m – additional 25% tax

The start date was extended by a year to 1 July 2026, with the first measure of total super balance to be 30 June 2027.

In welcome news, the tax no longer applies to unrealised capital gains, and the relevant thresholds will be indexed.

Key considerations emerging

  • For balances between $3 million and $10 million, superannuation will likely remain an attractive tax structure, even with the additional tax applied to the excess portion.
  • For balances above $10 million, it may be worthwhile to review how super fits within the broader wealth structure, although moving funds outside super is not necessarily the best outcome.
  • Certain strategies, such as legacy pension commutations, may produce unintended outcomes under the current framework and should be reviewed carefully.

What This May Mean in Practice

While the rules are now legislated, the practical implications will vary depending on individual circumstances.

For many investors, superannuation will continue to play a central role in retirement planning.

Even with the additional tax applied to balances above $3 million, super remains a comparatively tax-efficient structure when compared with many alternative investment environments.

The key is ensuring that superannuation is considered within the context of an individual’s broader wealth plan rather than in isolation.

Maintaining Perspective

Policy adjustments within the superannuation system are not unusual.

Over the past three decades, the system has evolved regularly as governments respond to economic conditions, fiscal pressures and the growing size of the retirement savings pool.

As Andrew Sherlock, CEO of Sherlock Wealth, explains:

“Superannuation remains one of the most effective long-term savings vehicles available in Australia. While policy changes can generate headlines, they rarely change the underlying importance of long-term planning and thoughtful strategy.”

In most cases, reacting quickly to policy announcements is far less effective than reviewing how those changes interact with an existing financial plan.

Why Advice Matters

For the majority of investors, Division 296 will have no immediate impact.

For those who may be affected, the more important question is how superannuation fits within their broader financial structure.

Investment ownership, tax structures, estate planning considerations and long-term retirement objectives all play a role in determining the most appropriate strategy.

Changes to legislation can provide a useful opportunity to revisit these arrangements and ensure they remain aligned with evolving financial goals.

Final Thoughts

Changes to superannuation policy often generate attention, but they rarely alter the core principles of long-term financial planning.

With the introduction of Division 296 now confirmed, this may be an appropriate time for some investors to revisit how superannuation fits within their broader wealth strategy.

Ensuring the structures surrounding retirement savings remain aligned with both current legislation and long-term objectives can help maintain clarity and confidence in the years ahead.

Our team are here should you have any questions or concerns about how these changes may impact you.

Sources

Australian Taxation Office – Superannuation Contribution Caps
https://www.ato.gov.au

SMSF Alliance – Super Caps and Division 296 Commentary

Australian Treasury – Superannuation Policy Updates

SMSF Adviser – Industry Commentary on Division 296 Legislation
https://www.smsfadviser.com

 

Trusts and the new super tax rules

Ensuring you’ve structured your finances tax-effectively is always a concern, but with new tax rules for super on the horizon, many people with large balances are considering alternative vehicles to save for retirement.

Unsurprisingly, this has sparked a renewed interest in an old favourite – trusts.

Trusts have always been popular in Australia, with the government’s Tax Avoidance Taskforce (Trusts) estimating more than one million were in place in 2022.

Separating ownership using a trust

The popularity of trusts for business, investment and estate planning purposes is due to both their flexibility and inherent benefits, particularly when it comes to managing your tax affairs.

At their heart, trusts are simply a formal relationship where a legal entity holds property or assets on behalf of another legal entity.

This separation means the trustee legally owns the assets, but the beneficiaries of the trust (such as family members) receive the income flowing from the assets.

A common example of a trust structure is a self managed super fund (SMSF), where the fund trustee is the legal owner of the fund’s assets, and the members receive investment returns earned on assets held within the SMSF trust.

Which trust is best?

There are many different types of trusts, with the appropriate structure depending on the financial goals you’re trying to achieve.

For small businesses and families, the most common trust is a discretionary (or family) trust. These vehicles are very flexible and can be used with immediate and extended family members, family companies or even charities.

In a discretionary trust, the trustee has absolute discretion on how both the income and capital of the trust are distributed to various beneficiaries.

This gives the trustee a great deal of flexibility when it comes time to allocate income to family members paying different marginal tax rates.

Advantages of a trust structure

Discretionary trusts offer tax, asset protection, estate planning and property holding benefits.

They can also assist with the accumulation of assets for younger generations within your family and provide opportunities for the discounting of capital gains.

For small businesses and farming operations, a discretionary trust can be used to provide valuable asset protection. If your business goes bankrupt or a beneficiary is divorced, creditors will be unable to access assets or property held within the trust as it is the legal owner of the assets.

Building wealth outside super

With new tax rules for super fund balances over $3 million being introduced, trusts also provide a useful tool to consider for continued wealth accumulation.

Unlike super funds, trusts don’t have annual contribution limits, restrictions on where you can invest or borrowing limits. Money can be added and removed from the trust as necessary, providing significant financial flexibility.

Discretionary trusts can also be used with vulnerable beneficiaries who may make unwise spending decisions. The trustee can decide to provide a spendthrift child or a family member with a gambling addiction regular income, but not large capital sums.

Holding ownership of assets within a trust is useful for estate management, as the assets will not be part of a deceased estate, avoiding the possibility of a Will being challenged.

Trusts aren’t always the solution

Although trust structures provide many benefits, there are also tax issues that need to be considered. For example, any trust income not distributed to beneficiaries is taxed at the top marginal rate.

Distributions to minor children are taxed at higher rates and a trust is unable to allocate tax losses to beneficiaries, so they must remain within the trust and be carried forward.

Trusts can be expensive to set up, administer and dissolve when they are no longer needed and the trustee’s actions are restricted by the terms of the trust deed.

If a family dispute arises, running a trust can become difficult and making changes once it is established isn’t easy.

If you would like to find out more about trusts and whether one is appropriate for your business or family, reach out to our experienced advice team here.

View Andrew’s website profile here or connect with him on LinkedIn.

Andrew Sherlock is the Owner & Head of Advice at Sherlock Wealth.

A Sydney-based financial planning firm, Sherlock Wealth has been helping successful families, business owners and individuals with their wealth creation and wealth protection needs for more than two generations.

A Chartered Accountant with a background in funds management, Andrew’s career spans more than 30 years. Andrew was one of the first people in Australia to obtain the Self-Managed Superannuation Specialist accreditation and is one of only a few advisers in Australia to be a Certified Investment Management Analyst. He is a lifetime member of the international MDRT Top of the Table and holds a BA Economics degree from Macquarie University with majors in accounting and finance.

Helping clients achieve their lifestyle goals through smart investing and asset management, wealth structures, and strategic planning are the cornerstones of what Andrew and the team at Sherlock Wealth provide.

Andrew can also be contacted at ask@sherlockwealth.com.

 

Who needs a testamentary trust?

While the escalating cost of living commands immediate attention as individuals grapple with mounting expenses, our shared wealth is steadily expanding, progressively transferring to the next generation at an accelerated pace.

In fact, the value of inheritances as well as gifts to family and friends, has doubled over the past two decades.i

A 2021 Productivity Commission report found that $120 billion was passed on in 2018 and that amount is expected to grow fourfold between now and 2050. In 2018, the value of the average inheritance was $125,000 while gifts averaged $8000 each.

So, there is a lot at stake and it means that estate planning – a strategy for dealing with your assets after you die – is vital to help fulfil your wishes and protect the interests of the people you care about.

One powerful tool in planning your estate is a testamentary trust, which only comes into effect after your death. It operates in a similar way to a discretionary family trust and your Will acts as the trust deed, providing instructions for the trust.

It allows you to control the distribution of your assets and provides a way of managing any tax implications for your beneficiaries. Testamentary trusts are often used to protect assets from unforeseen circumstances such as lawsuits, creditors and divorces and they can help to preserve a family’s wealth.

A testamentary trust can be useful for those with blended family relationships and children with complex needs. For example, a child with a disability who is unable to manage their own investments can be supported by the use of a trust. Testamentary trusts may also help to provide some certainty for parents that their young children will be provided for. They are also often used by philanthropists as a way of providing a legacy for a cause they support.

Choosing a trustee

If you are setting up a testamentary trust, you will need to appoint one or more trustees who will manage administration and distributions.

The trustee could be a family member (who may also be a beneficiary) or the role could be handed to an independent person or organisation.

Trustees should understand the tax situation of each of the beneficiaries to ensure that the timing and amount of distributions don’t inadvertently cause difficulties for them. Trustees must also lodge a tax return every year and maintain trust accounts and records.

As the ATO points out, for the trust to operate effectively, a high level of co-operation between family members may be important so that tax, financial and other information is shared.

The pros and cons

Whether or not you should set up a testamentary trust in your will depends on your own circumstances.

The positives include:

  • The ability to control the distribution of income
  • The possibility of some tax advantages for your beneficiaries
  • A level of protection for your assets from lawsuits, family breakdowns and business difficulties
  • A way of keep a family’s wealth intact into the future
  • Support for vulnerable beneficiaries such as those with special needs or lacking financial experience and minors
  • Can be used by anyone with assets to distribute, whatever the size of their estate

On the other hand, there are a number of considerations to be aware of such as:

  • The complex paperwork and reporting required
  • The cost to establish the trust and keep it running
  • The possibility of disputes among beneficiaries or with the trustee over the future of the trust, distributions, and its administration

Testamentary trusts are a valuable strategy to help ensure your wishes are followed. They can shape your legacy, provide fairly for your loved ones and protect assets.

Reach out to our team here to discuss more about establishing a testamentary trust and to see whether it is suitable for you.

View Andrew’s website profile here or connect with him on LinkedIn.

Andrew Sherlock is the Owner & Head of Advice at Sherlock Wealth.

A Sydney-based financial planning firm, Sherlock Wealth has been helping successful families, business owners and individuals with their wealth creation and wealth protection needs for more than two generations.

A Chartered Accountant with a background in funds management, Andrew’s career spans more than 30 years. Andrew was one of the first people in Australia to obtain the Self-Managed Superannuation Specialist accreditation and is one of only a few advisers in Australia to be a Certified Investment Management Analyst. He is a lifetime member of the international MDRT Top of the Table and holds a BA Economics degree from Macquarie University with majors in accounting and finance.

Helping clients achieve their lifestyle goals through smart investing and asset management, wealth structures, and strategic planning are the cornerstones of what Andrew and the team at Sherlock Wealth provide.

Andrew can also be contacted at ask@sherlockwealth.com.

 

 

https://apo.org.au/node/315436

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