Forum Topics Superannuation - Division 296
lowway
Added 4 months ago

The new fan-dangled Div 296 legislation has now passed the upper house and lower house and is just awaiting Royal Assent from the GG to be passed into law.

The Final Version of the Law

Because the bill passed with some significant amendments made during the 2025-2026 consultation period, here is exactly what is now set in stone:

  • No Tax on Unrealized Gains: The controversial plan to tax "paper profits" was scrapped. The tax only applies to realized earnings (dividends, interest, rent, and gains from assets actually sold).
  • Thresholds are Indexed: The $3 million threshold (and the new $10 million tier) will now be indexed to the CPI in $150,000 and $500,000 increments, respectively.
  • The Cost Base Reset is In: For SMSFs, you have the optional, one-time election to reset the cost base of all your assets to their market value on 30 June 2026.
  • Start Date: The rules officially commence on 1 July 2026.


What this means for your 30 June 2027 deadline

Since the law has passed, the Special Transitional Rule for the first year is confirmed. For the 2026–27 financial year only, the ATO will ignore your opening balance on 1 July 2026. They will only look at your balance on 30 June 2027.

If you are currently sitting somewhere approaching (good for some) the $3M mark, you have a clear 15-month window (from now until June 2027) to manage your balance or decide whether to trigger that cost-base reset.

I think the cost base reset is the most important and least talked about provision in Div 296. Remember that the election to reset your cost base to 30 June 2026 values must be made prior to 30 June 2026 (so a bit over 3 months) or at least that is my interpretation. It is important to note the resetting of your cost base has to be all or nothing. i.e. you can't select your winning shares or property to reset to 30 June 2026 values and leave your losing assets at the original purchase coast base. All in or All out!!


Even if you manage to stay under the $3M cap in 2027 by withdrawing funds, it is often still worth making the election. This protects you if the fund grows back over the limit in future years, as you'll have that higher 2026 cost base locked in for Division 296 purposes. Obviously, this would present anyone with an SMSF as a great time to reassess their entire portfolio and to jettison any shares that have been non-performing, even if you expect them to get better in time. Yes, buying them back is legal, as long as you don't go down the wash trade path. Some SMSF online advisors suggest as an example to buy back a different ETF with the same characteristics or over time, the same company in smaller increments, etc. Just don't do the stupid and obvious sell in the last week of June 2026 and buy back the same entities in July 2026. That would be an obvious wash trade by the ATO. Anyway, it should be best seen as a way to start afresh for non-performing assets and undoubtedly, if you have property in your SMSF, it's a huge bonus.

Strategic Considerations for Your SMSF

If your fund is in retirement mode (0% tax) and currently near the $3M mark, here is how the timeline looks for you:

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Of course, do your own research and follow all of the guidelines of the ATO, whilst still utilizing the new cost base reset rule!!

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Solvetheriddle
Added 4 weeks ago

@lowway thanks for that i should have read it before, just realising what's going on here. That CGT reset looks very important. But my understanding the election has to be done with your 2026 Super return, so you have a bit of time. So it may make sense to sell your big losers in the next two weeks and mark up the remainder.

Together with the budget does seem like the Government is playing a game of gotcha! :(

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lowway
Added 3 weeks ago

Yes @Solvetheriddle, my accountant advised that if it's property, get a formal valuation (Real Estate Agents are fine, so find a friendly one that can amp it up a bit, whilst still showing up to 3 examples in the area of why the valuation is the defined value) before 30 June 2026, so 6 days time. If it is shares, it makes sense to sell any losses prior to 30 June 2026, crystalize those losses for future gains offset and then decide what to buy and in what quantity in FY27. I'm not sure there would be anyone in Pension mode that may one day excess the $3M DIV 296 cap that wouldn't be resetting their cost base at 30 June 2026. The only downside is running 2 sets of books for the new cost base (used for DIV 296 calcs going forward) and the original cost base (used for real life CGT with the ATO). I guess you could either setup a new portfolio in Sharesight as an option, keep a spreadsheet with the revised cost base on file and with your Accountant, or just leave it up to your Accountant (maybe some extra charges involved).

Anyway, time is a ticking, 6 days left for action that may be beneficial in the future.

Oh and it has made my portfolio look golden without all of those losses now showing in Sharesight!! Plus I get to redefine my strategy in FY27 and most likely take a slightly different path seeing CGT rules for Super remain basically untouched by Albo.

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Bear77
Added 3 weeks ago

Maybe Sharesight will come up with a solution - it is after all a major reason why people use the Sharesight service, to make tax time easier by being able to generate reports from stored data - it would be in Sharesight's interests to address this CGT issue within Sharesight. They could record default valuations for June 30 2026 and enable users to change those, as they can now - we can overwrite any data stored in Sharesight at any time. But the ability to keep two sets of records, or two sets of valuations, as you have identified @lowway, might be something that Sharesight could enable within the one portfolio rather than having to create a second portfolio for that purpose.

Also, anecdotally, I have noticed a lot more tax loss selling this month than I would normally expect - and I normally expect quite a bit, so there may well be a bounce in the share prices of a number of companies who are fundamentally OK - meaning in no danger of going broke and with substantial upside potential - in July once these additional motivations for selling "losers" in June is gone. I'm currently looking to selectively top up a few of my "oversold" positions at these low levels - with only a week to go until July.

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lowway
Added 3 weeks ago

Totally agree @Bear77 and even did a DM to Sharesight about a month ago asking if they had plans to help manage this new set of numbers for superfunds. Unfortunately, they currently have no plans, but maybe that will change when the user demand for this function increase. We are afterall, an aging society.

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Unsophisticated
Added 3 weeks ago

Maybe a few of us should send Sharesight feedback with @Bear77 's suggestion and get them onto it.

Good point about the tax-time buy/sell movements too. Might need to go shopping....

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