Understanding Division 293 Tax

Division 293 tax is an additional tax that applies to high-income earners who make concessional (before-tax) superannuation contributions. It effectively reduces the tax benefit received on those contributions for individuals whose income exceeds a certain threshold.

Why Does Division 293 Tax Exist?

Normally, concessional superannuation contributions are taxed at 15% within the super fund. For higher income earners, this concessional rate can represent a significant tax advantage compared to marginal tax rates.

Division 293 tax reduces this advantage by applying an additional 15% tax on some or all concessional contributions once an income threshold is exceeded.

When Does Division 293 Apply?

Division 293 tax applies if:

Income for surcharge purposes + concessional contributions exceed $250,000 for the financial year.

“Income for surcharge purposes” broadly includes:

  • Taxable income

  • Reportable fringe benefits

  • Net investment losses

  • Reportable employer super contributions

  • Certain tax-free government pensions

It is not simply your taxable income — it is a broader calculation.

How Much Is the Tax?

If your Division 293 income exceeds $250,000:

  • An additional 15% tax is applied to the lower of:

    • Your concessional contributions for the year, or

    • The amount above the $250,000 threshold.

This means total tax on affected concessional contributions becomes:

  • 15% (standard super contributions tax)

  • 15% (Division 293 tax)
    = 30% total

Example

Sarah earns $270,000 in Division 293 income and has $27,500 in concessional contributions.

Excess above threshold:
$270,000 – $250,000 = $20,000

Division 293 tax applies to the lower of:

  • $27,500 (concessional contributions), or

  • $20,000 (excess over threshold)

So Division 293 applies to $20,000.

Additional tax:
$20,000 × 15% = $3,000

Sarah’s super fund has already paid 15% contributions tax. She will now pay an additional $3,000 Division 293 tax.

How Is It Paid?

The Australian Taxation Office (ATO) calculates Division 293 tax after your income tax return is lodged.

You will receive a Division 293 assessment notice. You can:

  • Pay the tax personally, or

  • Elect to release funds from your superannuation to pay the liability.

The release is optional — it is not automatic.

Planning Considerations

Division 293 tax does not necessarily mean you should stop making concessional contributions. Superannuation can still provide:

  • Long-term tax-effective growth

  • Asset protection

  • Estate planning benefits

However, strategic planning may help manage exposure, including:

  • Timing of contributions

  • Monitoring income spikes (e.g., bonuses or capital gains)

  • Structuring salary sacrifice arrangements

  • Reviewing total super contribution strategy annually

Key Takeaways

  • Division 293 tax applies once income exceeds $250,000.

  • It adds an extra 15% tax on some concessional contributions.

  • The ATO calculates it automatically.

  • Payment can be made personally or from super.

  • Planning can help minimise unexpected liabilities.

If you would like advice tailored to your personal circumstances, including forecasting Division 293 exposure or reviewing contribution strategies, please contact our office for personalised assistance.

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