In December 2025, the draft legislation dropped for the latest incarnation of Division 296 tax, and whilst it addressed the number one concern from the original edition, taxing earnings inclusive of unrealised capital gains, it threw up a number of expected and unexpected changes for those with more than $3m in superannuation. As has been the trend with Division 296, the Government provided a limited timeframe for consultation but this time they included a low-income incentive sure to be used to aid the passage of legislation once Parliament resumes.
In this webinar, Tim Miller from Smarter SMSF will breakdown the new Division 296 tax taking attendees through the calculation of earnings, that no longer incorporates unrealised capital gains, how income will be allocated to individual fund members, the new thresholds that apply and how they will be indexed as well as a number of new challenges that individuals with more than $3m will face. This new law is proposed to start from 1 July 2026.
Learning outcomes
At the end of this session, attendees will have an appreciation for:
Tim Miller is the SMSF Technical and Education Manager at Smarter SMSF and is one of Australia’s leading SMSF educators and presenters with over 25 years’ experience in the Superannuation industry. His experience has been gained through providing legislative and compliance support to thousands of Trustees, Accountants and Financial Planners since joining the SMSF sector in 1999. In addition to servicing the needs of SMSF clients, his practical and personable approach to compliance has made him a much sought after presenter.
Tim regularly presents at the major SMSF conferences and events, contributes to various trade and general publications, he is a Fellow SMSF Association Specialist and was awarded the CEO Award at the 2023 SMSF Association National Conference for services to the SMSF sector.
