Division 293 tax is an additional 15% tax on concessional superannuation contributions levied on high-income earners in Australia. It applies when an individual's combined income and concessional contributions exceed $250,000 in a financial year. The tax is designed to reduce the super tax advantage for high earners — without Division 293, high-income individuals would be taxed at only 15% on super contributions while their marginal income tax rate is 45% (plus Medicare Levy), creating a very large tax benefit for contributions. With Division 293, the effective tax rate on contributions for affected individuals rises to 30% (15% standard contributions tax plus 15% additional Division 293 tax), still lower than the top marginal rate of 47% but significantly less advantageous than for lower earners. The ATO issues a Division 293 Notice of Assessment after processing the individual's income tax return and the fund's annual return. The tax can be paid personally or released from the superannuation fund. Understanding Division 293 is essential for high-income professionals, executives, and business owners to model whether salary sacrifice or personal deductible contributions remain tax-effective at their income level.
Division 293 Assessment = Lower of: (a) Total Concessional Contributions, or (b) Amount by which (Income + Concessional Contributions) exceeds $250,000; Tax = Assessment Amount × 15%
- 1Calculate the individual's Division 293 income: taxable income plus reportable fringe benefits, reportable employer super, total net investment losses, and low-tax contributions (concessional contributions).
- 2Determine if Division 293 income exceeds $250,000. If so, Division 293 applies to the lower of: (a) total concessional contributions, or (b) the excess above $250,000.
- 3The ATO calculates the Division 293 assessment automatically after the income tax return and fund annual return are processed.
- 4A Division 293 tax notice is issued to the individual and/or trustee. The individual has the option to pay personally or elect to release the amount from their super fund.
- 5If paying from super, the individual must lodge a Division 293 election with the ATO within 60 days of the notice, and the ATO then directs the fund to release the amount.
- 6The 15% Division 293 tax is in addition to the 15% contributions tax already paid by the fund — effectively doubling the concessional contributions tax rate for the assessed amount.
- 7If the high-income threshold changes (it is not indexed), more earners may become subject to Division 293 over time as wages increase.
Only the excess above $250,000 is subject to Division 293, not the full contribution.
Income $235,000 + concessional contributions $27,500 = $262,500. Excess above $250,000 = $12,500. This is less than the total contributions of $27,500, so Division 293 applies to $12,500. Tax = $12,500 × 15% = $1,875.
When income alone exceeds $250,000, the full contribution is subject to Division 293.
Income $280,000 alone exceeds $250,000. The excess is $57,500, which exceeds the total contributions of $27,500. So Division 293 applies to the full $27,500 (the lower figure). Tax = $27,500 × 15% = $4,125. Effective contributions tax = 30%.
Salary sacrifice still beneficial at 15% net saving even with Division 293.
Without salary sacrifice: pay $15,000 income tax at 45% = $6,750 (plus Medicare). With salary sacrifice: pay 30% effective contributions tax = $4,500. Net saving = $2,250. Super salary sacrifice remains worthwhile even with Division 293.
Releasing from super avoids an out-of-pocket cash payment but erodes super balance.
The ATO sends a release authority to the super fund. The fund pays $4,125 to the ATO from the member's account. The member's super balance decreases accordingly. If the member can pay personally from cash, this preserves the super balance.
High-income executives and professionals modelling the after-tax benefit of salary sacrifice into super at incomes above $250,000.. This application is commonly used by professionals who need precise quantitative analysis to support decision-making, budgeting, and strategic planning in their respective fields
Financial planners advising clients on whether to make personal deductible contributions or salary sacrifice given the Division 293 impact.. Industry practitioners rely on this calculation to benchmark performance, compare alternatives, and ensure compliance with established standards and regulatory requirements
Payroll officers ensuring high-income employees understand their Division 293 liability when setting up salary sacrifice arrangements.. Academic researchers and students use this computation to validate theoretical models, complete coursework assignments, and develop deeper understanding of the underlying mathematical principles
Tax agents preparing income tax returns and checking whether Division 293 has been correctly assessed by the ATO.. Financial analysts and planners incorporate this calculation into their workflow to produce accurate forecasts, evaluate risk scenarios, and present data-driven recommendations to stakeholders
SMSF trustees understanding how Division 293 affects the net benefit of the concessional contribution strategy within their fund.. This application is commonly used by professionals who need precise quantitative analysis to support decision-making, budgeting, and strategic planning in their respective fields
Defined Benefit Fund Members
{'title': 'Defined Benefit Fund Members', 'body': "For members of defined benefit funds, the taxable contributions are calculated using a notional taxed contribution determined by the fund's actuary. This may be significantly different from the actual employer contribution made. The calculation is typically much more complex and may require specialist advice."}
Excess Concessional Contributions Interaction
{'title': 'Excess Concessional Contributions Interaction', 'body': 'If concessional contributions exceed the $27,500 cap, the excess is included in assessable income and taxed at the marginal rate (minus the 15% offset). Division 293 does not apply to excess concessional contributions — only to amounts within the cap. However, both assessments can arise in the same year.'}
Part-Year Residency
{'title': 'Part-Year Residency', 'body': 'Individuals who are Australian residents for only part of the year may have their Division 293 threshold and contributions adjusted proportionally. The ATO applies specific rules to ensure that foreign-sourced income during the non-resident period is not unfairly included in the Division 293 income test.'} In the context of division 293 tax, this special case requires careful interpretation because standard assumptions may not hold. Users should cross-reference results with domain expertise and consider consulting additional references or tools to validate the output under these atypical conditions.
Timing of Payment
{'title': 'Timing of Payment', 'body': 'If paying Division 293 from cash (not from super), the payment is due by the due date shown on the notice. Paying before the due date avoids interest. If paying from super, the 60-day election window is critical — missing it means the tax must be paid from cash.'}
| Income + CC | Excess over $250K | CC Total | Div 293 Base | Div 293 Tax (15%) |
|---|---|---|---|---|
| $255,000 | $5,000 | $27,500 | $5,000 | $750 |
| $260,000 | $10,000 | $27,500 | $10,000 | $1,500 |
| $275,000 | $25,000 | $27,500 | $25,000 | $3,750 |
| $290,000 | $40,000 | $27,500 | $27,500 | $4,125 |
| $350,000 | $100,000 | $27,500 | $27,500 | $4,125 |
What is Division 293 tax?
Division 293 is an additional 15% tax on concessional superannuation contributions for individuals whose combined income and concessional contributions exceed $250,000. It reduces the super tax advantage for high earners by raising the effective contributions tax rate from 15% to 30%. In practice, this concept is central to division 293 tax because it determines the core relationship between the input variables.
What counts toward the $250,000 threshold?
The $250,000 threshold is calculated using Division 293 income, which includes taxable income, reportable fringe benefits, reportable employer super contributions, total net investment losses, and low-tax contributions (concessional super contributions). It is broader than taxable income. This is an important consideration when working with division 293 tax calculations in practical applications. The answer depends on the specific input values and the context in which the calculation is being applied.
When does the ATO issue a Division 293 notice?
The ATO issues a Division 293 tax assessment after your income tax return and your super fund's annual return have both been processed — typically 9 to 18 months after the end of the financial year. The notice shows the amount owed and payment options. This applies across multiple contexts where division 293 tax values need to be determined with precision.
Can I pay Division 293 tax from my super fund?
Yes. You can elect to have the Division 293 tax released from your super fund within 60 days of receiving the notice. You lodge an election form with the ATO, and they issue a release authority to your fund. The fund then pays the ATO from your super balance. This is an important consideration when working with division 293 tax calculations in practical applications.
Is Division 293 tax indexed?
No. The $250,000 threshold is not indexed to inflation or wage growth. This means that over time, as wages increase, more individuals will cross the threshold and become subject to Division 293 tax — a phenomenon sometimes called 'bracket creep' in the super system. This is an important consideration when working with division 293 tax calculations in practical applications. The answer depends on the specific input values and the context in which the calculation is being applied.
Is salary sacrifice into super still worthwhile for high earners?
Yes, in most cases. Even with Division 293, the effective tax rate on concessional contributions is 30% — still well below the top marginal rate of 47% (45% + 2% Medicare Levy). The saving per dollar of salary sacrifice at the top rate is approximately 17 cents after Division 293.
Does Division 293 apply to defined benefit funds?
Yes, but the calculation is different for defined benefit funds. The taxable contributions are calculated using a notional contribution amount determined by the fund trustees, which may differ from the actual employer contribution. ADF (Australian Defence Force) members and some other defined benefit fund members have different calculation rules. This is an important consideration when working with division 293 tax calculations in practical applications.
What happens if I can't pay the Division 293 assessment?
If you cannot pay and do not elect to release from super, the ATO will apply interest on the outstanding amount. Payment plans can be arranged with the ATO. However, most financial advisers recommend always electing to release from super when the cash is not readily available, as super fund investment returns may be lower than ATO interest rates.
Pro Tip
If you regularly receive performance bonuses that push your income above $250,000, pre-plan your concessional contributions for those years. You cannot reduce Division 293 tax by reducing contributions in high-income years, but you can ensure you have cash available for the assessment or pre-lodge an election to release from super.
Did you know?
Division 293 tax was introduced in 2012 with an original threshold of $300,000. This was reduced to $250,000 from 1 July 2017. Due to wage growth, an estimated 500,000+ Australians now fall above the threshold — compared to approximately 60,000 when first introduced.