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What is Div 293 tax?

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Div 293 tax is an additional tax of 15% on concessional super contributions if you earn over $250,000 in 2021/22.

How does it work?

If your income and concessional contributions (CCs) are more than $250,000 in 2021/22, you may have to pay an additional 15% tax on some or all of your CCs, as the case study below illustrates. Income from a range of sources counts towards this limit, including employment and business income, investment income, and income you may receive from one-off payments such as redundancy and termination payments.

Div 293 tax is payable in addition to the standard 15% tax that is generally paid on CCs by most people. For many people concessional contributions are still worthwhile. Even though you’ll pay tax on your concessional contributions (within your cap) at 30%, this is still less than the top marginal tax rate of 47% (including Medicare levy) that applies to high income earners who are liable for Div 293 tax.

How do I know if I have to pay Div 293 tax and what do I need to do?

The ATO will work out if you need to pay Div 293 tax based on information in your tax return and data they receive from your super fund(s). They will issue you with a notice of assessment stating the amount of tax payable and provide an authority to enable your super fund to release the money. You can, however, pay the tax from your non-super savings.

Note: Different rules apply for calculating Div 293 tax if you are a member of a defined benefit fund – see the Australian Taxation Office (ATO) for more information.

May be payable if…

Your income from certain sources and CCs exceed $250,000 in 2021/22. 

Case study

Bob earns a salary of $225,000 and his employer contributes $22,500 into super for him. He earns no other sources of income. His total income is therefore $247,500, which is within the limit of $250,000. Bob’s entire CCs would therefore be taxed at 15%.

Bob’s wife Mary earns a salary of $250,000 and her employer contributions for the year are $25,000. As Mary’s salary plus her concessional contributions exceed the income threshold of $250,000, she will pay 15% contributions tax on her employer contributions, and will also be liable for Div 293 tax. She can choose to pay this tax personally, or she can choose to release the tax from her super fund.

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General advice and information only

Any advice and information on this website is general only, and has been prepared without taking into account your particular circumstances and needs. Before acting on any advice on this website you should assess or seek advice on whether it is appropriate for your needs, financial situation and investment objectives.

Tax disclaimer

Any general tax information on this website is intended as a guide only and is based on our general understanding of taxation laws. It is not intended to be a substitute for specialised taxation advice or an assessment of your liabilities, obligations or claim entitlements that arise, or could arise, under taxation law, and we recommend you consult with a registered tax agent.