Super contributions · high incomes
Division 293: the extra 15% above $250,000
Put in the figures from your return and your fund to see whether the extra 15% applies.
Division 293 rules verified against the official sources — how we check.
Division 293 tax
$2,670
15% of $17,800 — the lesser of your counted contributions and how far you are over $250,000.
Contributions taxed 15% only $11,000Caught by Division 293 $17,800
How it’s made up
Your counted contributions now cost 24.3% in tax all told, against 47% on the same dollar taken as pay.
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General information, worked from the ATO’s published method. Your notice is assessed on what your return and your funds actually report, so check those figures against it.
Why your contributions count twice
The test in section 293-20 of the Income Tax Assessment Act adds two things together: your income, leaving out super contributions, and your concessional contributions. If the total is more than $250,000, you are taxed on the smaller of two figures — the contributions themselves, or the amount you are over.
So the contributions do two jobs. Take a $240,000 salary: after the standard deduction, $239,000 of taxable income is under the threshold on its own, but the employer’s 12% guarantee of $28,800 carries the total to $267,800. Only $17,800 of that is over, so only $17,800 is taxed, and the bill is $2,670.
The ATO’s own illustration runs the same way: $240,000 of Division 293 income and $15,000 of contributions make $255,000, the lesser of $15,000 and the $5,000 over is $5,000, and 15% of that is $750. The threshold has been $250,000 since 2017-18 and is written into the Act as a dollar figure, so it does not rise with wages.
What counts as income
Not just taxable income. The ATO uses the same income test as the Medicare levy surcharge, without the super contributions, which means adding:
- reportable fringe benefits
- net financial investment loss
- net rental property loss
- net amount on which family trust distribution tax has been paid
and taking off any super lump sum taxed elements with a zero tax rate and any assessable first home super saver released amount. A loss on an investment property therefore pushes the figure up: it is added back.
It also catches a single unusual year. A capital gain, back pay or a termination payment counts in the year it is received, so someone who is nowhere near the threshold in an ordinary year can be over it the year they are made redundant — the redundancy calculator shows how much of a payout is taxable income.
What counts as a contribution
Concessional contributions: everything your employer pays in, including the 12% guarantee, plus salary sacrifice and personal contributions you claim as a tax deduction. Contributions to every fund you have are added together.
Anything over your concessional cap is the exception. Excess contributions are taxed as part of your income instead, so they are already inside your taxable income, and section 293-25 takes them off the contributions side so they are not counted twice. The general cap is $32,500 for 2026-27; it was $30,000 for 2025-26.
Two quieter rules. Contributions an employer paid under the super guarantee amnesty do not count at all. And Division 293 has no discretion in it: if excess contributions are disregarded or moved to another year under the excess contributions rules, they keep their concessional treatment and come back into this calculation.
Is salary sacrificing still worth it?
On tax alone, yes, and the sum is short. Caught contributions are taxed 15% in the fund and 15% more here: 30% in all. The same dollar taken as pay at the top rate costs about 47% in income tax and Medicare levy. Division 293 halves the concession; it does not take it away. The tighter limit at these incomes is the cap, not Division 293: your employer’s guarantee already uses most of it — the salary sacrifice super calculator works out what is left and what sacrificing the rest is worth.
When the bill arrives, and how to pay it
The ATO assesses Division 293 only once it has both your tax return and your fund’s report of what was contributed, so the notice comes once both have arrived, not when you lodge. If you use myTax it goes to your myGov inbox. A second fund that reports late can produce an amended notice.
- It is due 21 days after the notice is issued (section 293-65). Paying by then avoids interest.
- You can pay it yourself, or have your super pay it. To use super, lodge an election within 60 days of the assessment. The election cannot be withdrawn, and the 60 days do not move the due date.
- If a figure on the notice looks wrong, check it against the two things it is built from: your tax return and your fund’s report of what was contributed.
What this does not work out
It leaves out these: family trust distribution tax amounts, zero-rate super lump sum elements, first home super saver releases, defined benefit contributions and their deferral, the exemptions for state higher-level office holders and Commonwealth judges, and super guarantee amnesty contributions, which do not count and should be left out of the contributions figure. State higher-level office holders and Commonwealth judges have contributions that are left out of the tax but still count towards the threshold. A former temporary resident who has received a departing Australia super payment can apply to have Division 293 they paid refunded.
Frequently asked questions
Why did I get a Division 293 notice when I earn less than $250,000?
Can I reduce or avoid Division 293 tax?
Does Division 293 come out of my super automatically?
Do carried-forward contributions count for Division 293?
What if I have a defined benefit fund?
Where these rules come from
- ATO — Division 293 tax (threshold, rate, end-of-year interest) — read 2026-10-04.
- ATO — Division 293 tax on concessional contributions by high-income earners (QC36272) — read 2026-10-04.
- Income Tax Assessment Act 1997, ss 293-15 to 293-30 and 293-65 — read 2026-10-04.
How we check sets out how every figure on this site is verified.