Why High-Net-Worth Investors Still Prefer Superannuation Despite New Division 296 Tax

2 min read | July 16, 2025 03:44 PM AEST | By Team Kalkine Media

Highlights

  • Super still seen as tax-effective for wealth preservation
  • Alternatives often lead to higher tax liabilities
  • Division 296 tax may be simpler than perceived

For a small segment of high-net-worth individuals, the introduction of the Division 296 tax on superannuation balances exceeding a threshold has sparked intense discussion. However, a closer look suggests that for many, keeping funds invested in super remains a beneficial strategy—even with the new tax implications.

In the context of broader investment strategies, especially for those tracking large caps like those in the ASX 200, the decision to retain funds within superannuation often proves more cost-effective than exploring alternatives such as investment companies or insurance bonds.

The underlying appeal of superannuation lies in its concessional tax treatment, which often continues to outweigh the financial burden posed by the new surcharge. While capital gains tax applies to all the growth of assets outside super, the Division 296 tax applies only to gains above the defined threshold. This structural nuance ensures that even after the surcharge, superannuation can offer lower overall tax exposure.

Despite growing concerns about the lack of indexation and implications for unrealized capital gains, many scenarios show that keeping funds within the superannuation environment still provides more efficient tax management. This is especially true when considering that moving assets outside super introduces marginal income tax rates and full capital gains tax liability on any appreciated value since acquisition.

Some investors have considered alternatives like gifting assets or creating family trusts, but these approaches often introduce their own complexities and potential downsides, such as future ineligibility for certain benefits or more significant tax obligations upon asset disposal.

Moreover, the Division 296 tax is not retroactive—it only applies to future gains above the threshold, making it relatively less impactful when compared with capital gains taxes that apply to all accumulated growth over time.

As regulations around super contributions continue to evolve, current rules already place stringent caps on how much can be added annually. This means that only a small proportion of investors will even approach the affected threshold, reinforcing that for most Australians, super remains a key pillar of long-term wealth planning.

Ultimately, the data suggests that maintaining investments within the superannuation system—despite additional tax—is not only a viable option but often the most efficient one for wealth preservation and growth.


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