An update on Division 296 by Graeme Colley

Graeme Colley, who is a well-known expert in SMSFs and the Cloudoffis Independent Consultant, has provided an update on the latest developments for Div 296. 

What’s changed?

On 13 October, the government announced changes to the Div 296 tax proposal, which taxes increases in a member’s superannuation balance above $3 million.  The original proposal was placed under significant pressure by those who were impacted for many reasons.   These included no indexation of the $3 million threshold and the taxation of unrealised capital gains.  

The proposed changes still maintain the overall design of the legislation, which requires the tax to be paid by the member.  However, there are changes to the calculation of the amount to be taxed by excluding unrealised capital gains and introducing two thresholds at which the tax is payable.

The main changes to Div 296 announced by the Treasurer are:

Introduction of two thresholds

Div 296 tax will apply on balances above $3 million, and a further tax will apply on balances above $3 million.

Thresholds indexed

The two thresholds will be indexed in line with increases in CPI.  The $3 million cap will be indexed in increments of $150,000, and the $10 million threshold indexed in increments of $500,000.

Tax on ‘earnings’

The tax rate on the ‘earnings’ for balances above $3 million will be an extra 15% and a further tax of 10% applies if the member’s balance is greater than $10 million.  This means that a member who is wholly in the accumulation phase with a balance of between $3 million and $10 million will pay tax equal to 30% of their adjusted ‘income’, and those with a balance of more than $10 million will pay an additional amount equal to 40% of their adjusted ‘income’.

Calculation of the member’s adjusted ‘earnings’ for Div 296 purposes.

The calculation of a member’s total superannuation balance for Div 296 purposes will be adjusted for contributions, pension payments and other amounts.  The announced changes will now exclude unrealised capital gains, which was a controversial feature of the original proposal. 

If a member has a total amount in super greater than a threshold, the ATO contacts the relevant fund or funds to get further information so the adjustments can be made.  Any ‘earnings’ adjustment will be based on the fund’s taxable income.

Change in commencement date of Div 296

The proposed commencement date of the new tax is now 1 July 2026.  This means that Div 296 assessments will not be sent out to members until sometime in the 2027-28 financial year at the earliest.

Don’t forget that the government’s announcement on 13 October is not law.  There may be further changes when the legislation goes through the parliament, expected early in the new year.  As Div 296 is proposed to commence on 1 July 2026 don’t jump at shadows and make ad hoc decisions until the exact wording of the legislation is known and passed.

Further information on the government’s changes can be located on the Treasurer’s website and the Treasury website.

Want to ask Graeme about this?

Graeme will provide a detailed overview of the government’s Div 296 announcement at our Q&A webinar on 29 October

You can register for the webinar here. 

 

ATO SMSF Stats for the June Quarter 2025

ATO SMSF Stats for the June Quarter 2025

The latest SMSF quarterly statistics as at June 2025 were released in early September and highlight the continued growth of SMSFs. The ATO statistics show that there are 653,062 SMSFs which have a total of 1,203,127 members.

During the 2024/25 financial year, there was an increase of 38,449 funds, which was a substantial increase over each of the previous three years. Nearly two-thirds of the increase in SMSF memberships has come from the younger age groups. Although over 50% of members are in the 60+ age group.

SMSFs now hold over $1 trillion in assets, with the largest asset classes being listed shares, cash and term deposits.

The ATO’s SMSF quarterly statistical reports is available from the ATO website at
June 2025 ATO SMSF statistics

The latest update on Division 296

What is Division 296?

Division 296 refers to a section of the Australian Income Tax Assessment Act 1997 (ITAA 1997). It primarily deals with superannuation and the taxation of certain superannuation-related amounts.

Who does it affect?

  • Individuals with total superannuation balances over $3 million, starting from the 2025–26 financial year.
  • The extra tax applies only to the earnings on the portion of the balance above $3 million, not on the entire balance.

An update

Division 296 amends the income tax law to introduce an additional tax of up to 15% on the increase in a person’s Total Superannuation Balance for the year on balances above $3 million. It was intended to take effect from 1 July 2025.

Based on recent media reports, the government has paused the progression of the tax. If the legislation does make it into parliament, it may not be in the same form as the original bill, which lapsed on 21 July 2025. It may be better to wait until we see whether the legislation will go ahead and, if it does, whether any changes are made to the lapsed bills.

It is rumoured that the $3 million threshold may be indexed, which may relieve one of the main issues with the legislation. However, the member’s total superannuation balance, which is used to determine the threshold, may still include unrealised capital gains in the calculation. At the moment, it’s just wait and see what the government proposes to do.

To keep up to date, keep an eye on the Cloudoffis blog and also these sources below:

https://www.ato.gov.au/about-ato/new-legislation/in-detail/superannuation/better-targeted-superannuation-concessions?utm_source=chatgpt.com

https://treasury.gov.au/sites/default/files/2023-09/c2023-443986-em.pdf

https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/superannuation-tax-breaks

Xerocon got Sorted

The team at Cloudoffis are absolutely thrilled to have attended our first Xerocon. The Xero community got their Tax Sorted over 2 days during 3-4 September. 

Cloudoffis showcased our newest product Tax Sorted, which instantly blew people away with its simplicity and ease of use. Setup is super easy, just log in with your Xero account, plug and play, and you’re ready to go!

Some of the features that accountants really loved were our relationship chart, the working trial balance (journals), job notes and the ability to auto populate workpapers – linking workpapers across job. We even had people start their 30 day free trial while seeing a demo!!

One thing which Xero’s Chief Product Officer highlighted during a presentation is that “You told us loudly and clearly, a truly streamlined compliance workflow requires us to have a complete workpaper solution that is deeply connected to bookkeeping and tax”. Cloudoffis couldn’t agree more, and the best part is that you don’t have to wait!

Tax sorted – our AI-powered workpapers are live today, with seamless integrations with Xero, FYI and the ATO. 

Here are some highlights from the event! And if you haven’t seen Tax Sorted yet, jump in and have a play with our 30 day free trial!

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11 Reasons to move your accounting firm on the cloud for high growth

Australian accounting firms will witness a sea change in the coming 5 to 10 years. Cloud-based services and automation tools will disrupt the business model. It is imperative for every accounting firm to invest in advanced cloud-based systems sooner rather than later. Studies show that cloud based firms add five times the amount of clients compared with traditional firms, and report the highest growth. With the rapidly changing business environment, cloud technology allows your accounting firm to reinvent your way of work, evolve quicker and differentiate your service offerings. Here are 11 reasons why:

Accuracy

Cloud-based applications connect to external software and reduce the possibility of errors involved in manual feeds.

Enhanced security

Cloud systems have robust security protocols. They have much deeper pockets for firewalls and highly sophisticated intrusion prevention systems in place.

Cost savings

When you take into account the hardware, utility, software license, maintenance, and productivity costs, cloud subscriptions turn out to be more affordable. This is especially true for accounting firms who work with small and medium businesses. They also save time and improve the overall productivity of your firm.

Collaboration

Cloud-based platforms allow you to invite clients on online platforms. Allowing online access to clients is now more imperative than ever before – especially when it comes to offering SMSF-related advice. If you don’t, they will soon move to a firm who will.

No more maintenance headaches

Updates in software and hardware are done automatically. This means your systems are always up to date, and there’s no downtime due to system related issues.

Scalability

Cloud systems allow you to expand and grow faster without increasing immediate technology costs. It allows to upscale or downscale your existing resources as per your business needs.

Efficiency

Cloud technology allows to concentrate on your core competencies while leaving the task of running IT infrastructure to the cloud service providers.

Real time financial management

With accurate real-time data at your fingertips, firms can share the golden nuggets of information with your clients. This allows you to become your clients preferred adviser and increase revenue.

Flexibility

Cloud systems give you the flexibility to access your files and data even when you are off-site or at home. You and your employees can have a virtual office wherever they go through web-enabled devices.

Added value

Moving to cloud-based technologies allows you to automate low-value tasks. This helps you add real value to your clients business and create a certain stickiness to the client-firm relationship.

Robust Data Management System

Cloud technology has in-built off-site data management. Since all the data is stored in the cloud, it’s easy to have a backup or restore it. This also means, you can access any of the audit or accounting documents whenever you need them.

The cloud is here to stay and early adopters will benefit significantly in the long run. In order to survive and succeed in an automated future, accounting firms need to go beyond a service-oriented approach and start acting as advisers for their clients by deploying cloud technologies.