Super Tax Changes & Updates: Division 296, Insurance & More (2024/2025)

Superannuation Shakeup and the Future of Retirement Savings

Recent parliamentary approval of the Division 296 tax changes, alongside adjustments to the Low-Income Superannuation Tax Offset (LISTO), signals a significant shift in Australia’s superannuation landscape. These changes, effective upon receiving Royal Assent, are poised to reshape how high-balance earners are taxed and provide a boost to the retirement savings of low-income workers.

The $3 Million Tax Threshold: What it Means for You

The fresh legislation introduces a tiered tax system for superannuation earnings exceeding $3 million. A 15% tax will apply to earnings above this threshold, increasing to 25% for balances exceeding $10 million. This effectively creates a 30% tax rate on earnings between $3 million and $10 million, and a 40% rate above $10 million, on top of the existing 15% super tax rate. This is a substantial change, impacting individuals with significant superannuation balances.

Boosting Super for Low-Income Earners

Conversely, the adjustments to LISTO will provide a much-needed boost to the superannuation accounts of low-income workers. The changes will provide a boost of up to $810 per year, with an average benefit of $410, to around 1.3 million Australians, including a significant proportion of women and young people.

Addressing the Default Insurance Gap

New research from the Association of Superannuation Funds of Australia (ASFA) has revealed a troubling gap in default life insurance coverage. Approximately 5,000 Australians have died without life insurance since 2019, potentially leaving families without crucial financial support. An additional 11,000 individuals are missing out on a total of $1.5 billion in Total and Permanent Disability (TPD) benefits annually.

These gaps stem from reforms introduced in 2019, including the Protecting Your Super (PYS) package and the Putting Members’ Interests First (PMIF) Act, which cancelled insurance on inactive accounts and removed default insurance for younger members and those with low balances.

ASFA is advocating for several changes to address this issue, including extending opt-out insurance to members aged 21 and over, applying default cover to new full-time employees from day one, and replacing automatic cancellation of cover with an enhanced opt-out process.

Protecting Victims of Family Violence

The Federal Government is seeking public consultation on reforms to prevent perpetrators of family and domestic violence from accessing victims’ superannuation death benefits. Current legislation can, in some cases, require super funds to pay benefits to abusers. The proposed reforms explore three options: broad trustee discretion, a prescribed legislative approach, or referral to the deceased estate or court.

Minister for Social Services Tanya Plibersek emphasized the importance of preventing abusers from benefiting from their victims’ retirement savings, stating that it adds “untold misery” to surviving family members.

Rising Financial Complaints and the AFCA Response

Financial complaints reached a new high in 2025, with consumers and modest businesses receiving $643 million in compensation and refunds through the Australian Financial Complaints Authority (AFCA). This represents a 120% increase in payments from the previous year.

Investment and advice complaints saw a significant rise of 58%, including a 59% increase in complaints related to Self-Managed Super Funds (SMSFs). AFCA is actively addressing the substantial number of complaints stemming from the collapse of the Shield and First Guardian master funds, with 44 decisions issued and 500 investigations underway.

Superannuation complaints also increased by 29% to 7,687, largely due to delays in claim handling and disputes over claim decisions. Delays in claim handling were the most common complaint accounting for 9,274 cases.

Engaging Young Australians with Superannuation

The Super Members Council (SMC) has launched a new website, lookafteryoursuper.com, aimed at engaging young Australians with their superannuation. The website presents information in plain English, emphasizing the importance of nurturing superannuation as a long-term investment.

The SMC’s research indicates that nearly half of Australians don’t understand the basics of super, but those who do are six times more likely to grab action to improve their retirement savings.

ATO Focus on Overdue SMSF Returns

The Australian Taxation Office (ATO) has identified addressing overdue Self-Managed Super Fund (SMSF) annual returns (SAR) as a key compliance priority. Approximately 93,000 SMSFs currently have outstanding lodgement obligations, including 20,000 that have never lodged a return.

The ATO has observed that SMSFs that are established, funds are rolled over, and then no return is lodged are at the highest risk of non-compliance, with nearly 40% of these funds illegally accessing their superannuation.

FAQ

What is Division 296 tax?

Division 296 tax is a 15% tax applied to earnings on the portion of your super balance above $3 million, with an additional 10% tax applying to earnings above $10 million.

Who will benefit from the changes to LISTO?

Low-income workers will benefit from the changes to LISTO, receiving a boost of up to $810 per year to their superannuation accounts.

What is AFCA?

AFCA is the Australian Financial Complaints Authority, an independent body that resolves disputes between consumers and financial service providers.

Did you know? The ATO estimates that almost 40% of SMSFs that never lodge a return illegally access their superannuation funds.

Pro Tip: Regularly review your superannuation account and ensure your beneficiaries are up to date, especially in light of the proposed changes regarding family violence.

Stay informed about these crucial superannuation changes and their potential impact on your financial future. Explore more articles on our website to deepen your understanding of retirement planning and investment strategies.

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