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⚙ Important Division 296 Tax applies from 1 July 2026 — Members with Total Super Balances above $3 million must act before 30 June 2026. The CGT Cost Base Reset Election is irrevocable. See our Division 296 Kit ›
MGS Superannuation · Est. 1999

The MGS
Self Managed
Superannuation
Fund

Australia's most comprehensive SMSF deed and compliance document suite — built for the modern regulatory environment, including full Division 296 Tax compliance from 1 July 2026.

MGS SMSF at a Glance
11 Kits
Comprehensive compliance document suites
30+ Documents
Resolutions, registers, checklists & forms
$3M / $10M
Division 296 Tax thresholds — effective 1 July 2026
Complete Compliance Suite

11 Kits. Every SMSF situation covered.

Every MGS SMSF deed includes access to the full compliance document suite below. Each kit contains professionally drafted trustee resolutions, registers, checklists and member forms — ready for your clients to execute.

See Kit Details ›
01
D296 New 2026

Division 296 Tax Compliance Kit

8 documents covering Trustee acknowledgement, CGT Cost Base Reset Election, annual resolutions, member notices, release requests and compliance checklists. Mandatory for all members with TSB > $3M.

02
ABP

Account Based Pension Kit

Commencement, minimum payment schedules, TBC notification, annual reviews and commutation resolutions for retirement-phase pensions.

03
INV

Investment Strategies Kit

Written investment strategy resolution addressing risk, return, diversification, liquidity, insurance and Division 296 Tax position for each member.

04
RIN

Member Roll-In Kit

Trustee resolutions and member authorities for accepting rollover benefits from external funds, including SuperStream and tax component recording.

05
OUT

Member Roll-Out Kit

Rollover payment resolutions, Rollover Benefit Statement preparation and member exit procedures for full or partial departures.

06
RBK

Pension Roll-Back Kit

Commutation to accumulation resolutions and member requests — used for excess TBC management and strategic Division 296 Tax planning.

07
TTR

Transition to Retirement Kit

TTRIS commencement and management — including the 10% drawdown cap, earnings tax at 15% and conversion to full ABP on retirement.

08
WBD

SMSF Wills & BDBNs Kit

Non-lapsing and lapsing Binding Death Benefit Nominations, BDBN revocation forms and a triennial review checklist for trustees.

09
DBK

Death Benefit Kit

Member death resolutions, BDBN status determination, beneficiary claim forms and Division 296 Tax provision before death benefit release.

10
ANN

Annual Trustee Compliance Kit

Year-end compliance checklist and annual general resolution — covering contributions, TBC, pension minimums and regulatory compliance.

11
CON

Contributions Management Kit

Contribution acceptance resolutions, cap monitoring for 2025–26 and guidance on downsizer, carry-forward and spouse contributions.

New kits added as
legislation evolves

The most significant super
tax change in a generation.


Division 296 introduces a tiered additional tax on superannuation earnings for individuals whose Total Superannuation Balance (TSB) exceeds $3 million. The tax is assessed against the individual — not the fund — and must be paid within 84 days of the ATO assessment, either from personal funds or by releasing benefits from the SMSF.

CGT Cost Base Reset Election: For the 2025–26 income year only, trustees may make a one-off irrevocable election to reset the Division 296 cost base of all Fund CGT assets to their market value at 30 June 2026. This election must be lodged before the due date for the Fund's 2025–26 income tax return — there is no second opportunity. Market valuations of all CGT assets should be obtained now.

TSB threshold
Up to $3,000,000
15%
Standard rate
No change
Tier 1 threshold
$3M – $10,000,000
30%
+15% additional
Division 296 tax
Tier 2 threshold
Over $10,000,000
40%
+25% additional
Division 296 tax
D296 Kit — 8 Key Documents
1

Trustee Resolution — Acknowledgement

Records the Trustee's acknowledgement of Division 296 obligations, instructs the adviser and authorises all necessary actions.

2

CGT Cost Base Reset Election

Irrevocable election under s296.50 to reset all Fund CGT asset cost bases to market value at 30 June 2026. Includes Schedule A asset register and valuation methods.

3

CGT Cost Base Register

Ongoing register required by s296.55 — separate Div 296 and general tax cost bases, with annual update summary from 2025–26 onwards.

4

Annual Trustee Resolution — Div 296 Compliance

Annual resolution covering fund earnings determination, member TSB attribution, tax calculation and payment method election.

5

Notice to Member & Payment Election

Notifies each member of their ATO assessment, sets out the three payment options and records the member's election.

6

Member Release Request

Formal member application and Trustee approval resolution to release Fund benefits to pay Division 296 Tax directly to the ATO.

7

Annual Compliance Checklist

7-section pre/post year-end checklist covering all Div 296 obligations for both the Trustee and adviser, with adviser sign-off.

8

Investment Strategy Review Resolution

Annual resolution reviewing the Fund's strategy having regard to each member's Div 296 position and Fund liquidity requirements.

Every kit, in detail


Each kit is a self-contained document suite with professionally drafted resolutions, registers, checklists and member-facing forms — designed for immediate use by accountants, financial planners and SMSF specialists.

Account Based Pension Kit

ABP

Covers the full pension lifecycle — from commencement through to commutation. Includes TBC notification and TBAR obligations for each event.

  • ABP-1: Trustee Resolution — Pension Commencement
  • ABP-2: Member Pension Commencement Application
  • ABP-3: Minimum Annual Payment Schedule
  • ABP-4: Transfer Balance Cap Notification & Register
  • ABP-5: Annual Pension Review Resolution
  • ABP-6: Pension Commutation Resolution

Investment Strategies Kit

INV

A SIS Act s52(8)-compliant written investment strategy — addressing risk, return, diversification, liquidity, insurance and Division 296 Tax position for each member.

  • INV-1: Written Investment Strategy — Trustee Resolution
  • Asset allocation table with min/target/max ranges
  • Insurance assessment for each member
  • Annual review confirmation checklist
  • Division 296 Tax position consideration for each member

Member Roll-In Kit

RIN

Everything needed to accept a rollover into the Fund — including SuperStream compliance, rollover benefit statement, tax component recording and MATS reporting.

  • RIN-1: Trustee Resolution — Acceptance of Rollover
  • RIN-2: Member Rollover Request & Authority to Transfer
  • Tax component classification register
  • ATO MATS reporting checklist

Member Roll-Out Kit

OUT

Trustee resolutions and procedures for paying a rollover benefit out of the Fund — including full or partial exits, SuperStream compliance and account closure.

  • OUT-1: Trustee Resolution — Rollover Payment Out
  • Rollover Benefit Statement preparation checklist
  • Tax component calculation record
  • ATO MATS and TBA reporting checklist

Pension Roll-Back Kit

RBK

Used where a pension is commuted back to accumulation — for excess TBC management, Division 296 Tax strategy or member request. TBAR debit reporting obligations covered.

  • RBK-1: Trustee Resolution — Commutation to Accumulation
  • RBK-2: Member Commutation Request
  • TBAR debit event reporting checklist
  • Investment strategy review prompt

Transition to Retirement Kit

TTR

TTRIS commencement and management — including the 10% annual drawdown cap, 15% earnings tax during TTR phase, and conversion to a full ABP upon retirement.

  • TTR-1: Trustee Resolution — TTRIS Commencement
  • TTR-2: Member Application — TTRIS Commencement
  • 10% maximum drawdown calculation table
  • Conversion to ABP checklist and trigger events

SMSF Wills & BDBNs Kit

WBD

Non-lapsing and lapsing Binding Death Benefit Nominations — drafted to comply strictly with the SIS Act and the MGS SMSF Deed, with witness requirements and a triennial review checklist.

  • WBD-1: Binding Death Benefit Nomination (Non-Lapsing)
  • WBD-2: BDBN Revocation Form
  • WBD-3: BDBN Triennial Review Checklist
  • Reversionary pension nomination guidance

Death Benefit Kit

DBK

Comprehensive process for paying death benefits — from notification through BDBN review, tax assessment, Division 296 Tax provision and payment to beneficiaries or the estate.

  • DBK-1: Trustee Resolution — Death of Member
  • DBK-2: Death Benefit Claim Form (Claimant)
  • Death benefit tax assessment table
  • Division 296 Tax provision checklist
  • TBAR debit and PAYG withholding checklist

Annual Trustee Compliance Kit

ANN

Designed for use with every SMSF each year — covering contributions, TBC, pension minimums, audit preparation and all regulatory compliance obligations for 2025–26 and 2026–27.

  • ANN-1: Annual Trustee Compliance Checklist
  • ANN-2: Annual Trustee Resolution — Year-End Confirmation
  • 2025–26 contribution caps and carry-forward table
  • Regulatory compliance checklist (SIS Act)

Contributions Management Kit

CON

Contribution acceptance resolutions with cap monitoring for concessional, non-concessional, downsizer and carry-forward contributions — for both 2025–26 and 2026–27.

  • CON-1: Trustee Resolution — Acceptance of Contributions
  • Contribution cap monitoring table (both members)
  • Downsizer contribution eligibility checklist
  • Work test guidance (members aged 67–74)
  • ATO MATS contribution reporting checklist

Control, flexibility and tax efficiency


A Self Managed Superannuation Fund gives you direct control over your retirement savings — the assets you hold, the strategy you run, and how you manage the transition to retirement and pension phase.

Investment control

Choose your own assets — direct shares, property, managed funds, term deposits, LRBAs and more. Tailor the portfolio to each member's individual risk profile and retirement timeline.

Business real property

Purchase business premises from members at market value and lease them back — paying rent into your own superannuation. One of the SMSF structure's most powerful tax planning tools.

Tax-free pension phase

Investment earnings in pension phase are entirely tax-free — allowing wealth to compound without the 15% accumulation-phase tax. A zero-tax environment for complying pension accounts.

Multi-member flexibility

Up to six members in a single fund — ideal for family groups, couples and business partners. Member-directed investment and individual pension commencement where appropriate.

Estate planning integration

Non-lapsing BDBNs, reversionary pension nominations and death benefit strategies can be integrated directly with the SMSF structure — ensuring wealth passes as intended.

Cost effectiveness at scale

SMSF operating costs are broadly fixed — administration, audit and advice fees don't scale linearly with fund size. The SMSF structure becomes increasingly cost-effective as balances grow.

What every SMSF trustee must do each year


As trustee of your SMSF, you are personally responsible for compliance with the Superannuation Industry (Supervision) Act 1993, the SIS Regulations, and the Income Tax Assessment Act 1997. The consequences of non-compliance range from administrative penalties to the fund being declared non-complying — attracting a 47% tax on all Fund assets.

Non-compliance penalty: A non-complying SMSF is subject to a 47% tax on all fund assets (excluding non-concessional contributions). This is effectively catastrophic for most funds. Annual compliance is non-negotiable.
  • Annual SMSF Return lodgment

    Income tax return, regulatory information and member data must be lodged each year. From 2025–26, this includes Division 296 fund earnings reporting for affected members.

  • Independent audit

    An approved SMSF auditor must audit the Fund's financial statements and compliance each year. The auditor must be independent — they cannot be the Fund's accountant or a member.

  • Written investment strategy

    A compliant written investment strategy must be maintained, reviewed and given effect to at all times — addressing risk, return, diversification, liquidity, liabilities and insurance.

  • Minimum pension payments

    Account-based pension minimum payments must be made by 30 June each year. Failure to meet the minimum means the pension ceases for income tax purposes — losing the tax-exempt status on earnings.

  • TBAR and MATS reporting

    Transfer Balance Account Reports (pension commencements and commutations) and Member Account Transaction Service (MATS) reporting must be lodged within 28 days of each event.

  • Contribution cap monitoring

    Concessional ($30,000) and non-concessional ($120,000) caps must be monitored at all times. Excess contributions attract significant additional tax levied on the individual.

Caps, limits & thresholds at a glance

Item2025–262026–27
Concessional Contributions Cap$30,000$32,500
Non-Concessional Contributions Cap$120,000$130,000
Bring-Forward NCC (max)$360,000$390,000
Transfer Balance Cap$1,900,000Indexed
NCC — nil if TSB ≥$1,900,000Indexed
Div 296 — Tier 1 threshold$3,000,000Indexed
Div 296 — Tier 2 threshold$10,000,000Indexed
Carry-forward CC — TSB limit< $500,000< $500,000
Downsizer contribution (age 55+)$300,000/person$300,000/person
Accumulation phase tax rate15%15%
Pension phase tax rate0%0%
Non-complying fund tax rate47%47%
Carry-forward concessional contributions: Members whose TSB was under $500,000 at 30 June of the prior year can contribute unused CC cap from the previous five years — potentially allowing a significant catch-up contribution in a single year.
Included with your MGS SMSF deed
  • All 11 compliance document kits (30+ documents)
  • Division 296 Kit — all 8 documents (new 2026)
  • Bespoke SMSF deed — individual or corporate trustee
  • Full explanatory memorandum
  • Trustee consent & declaration templates
  • Member application forms & minute book
  • ATO registration guidance (ABN, TFN, ESA)
  • Access to MGS technical support team
Order Now — Login / Register

Questions? Call (02) 9231 5111

Common questions


Everything you need to know about establishing and managing an SMSF — including Division 296, contribution rules, borrowing arrangements and compliance obligations.

SMSF Resource Centre
Division 296 applies from 1 July 2026 and imposes an additional tax on superannuation earnings for individuals with a Total Superannuation Balance exceeding $3 million. The tax is tiered: an additional 15% applies to earnings on the balance above $3 million (total effective rate 30%), and an additional 25% applies to earnings on any balance above $10 million (total 40%). Critically, the tax is assessed on the individual — not the SMSF itself — and must be paid within 84 days of the ATO assessment. The individual may elect to have the amount released from their superannuation interest to fund the payment. Both thresholds are indexed to inflation. Members approaching $3 million should model the impact and engage their adviser now.
For the 2025–26 income year only, SMSF trustees may make a one-off, irrevocable election under section 296.50 of the Income Tax (Transitional Provisions) Act 1997 to reset the Division 296 cost base of all Fund CGT assets to their market value as at 30 June 2026. This reduces the amount of future Division 296 fund earnings attributable to embedded unrealised gains that existed before Division 296 commenced. The election is irrevocable — it cannot be changed after it is made — and it must be lodged with the ATO in the approved form before the due date for the Fund's 2025–26 income tax return. There is no second opportunity. Market valuations of all CGT assets should be obtained now. The decision to elect or not elect should be made with tax advice, having regard to assets with unrealised losses (which may be better left unreset).
The Transfer Balance Cap (TBC) limits the total amount that can be transferred into the retirement (pension) phase of superannuation and attract tax-free earnings. The general TBC for 2025–26 is $1,900,000. Each individual has a personal TBC that may be lower if they started a pension before 2021 indexation increases. Exceeding the TBC attracts an excess transfer balance tax. When a pension commences, a debit event must be reported to the ATO within 28 days (via TBAR). Commutation back to accumulation triggers a TBAR credit. Transition to Retirement Income Streams (TTRIS) do not count towards the TBC.
Yes — via a Limited Recourse Borrowing Arrangement (LRBA). Under an LRBA, the asset must be held in a bare (holding) trust until the loan is fully repaid, at which point legal title transfers to the SMSF. The lender's recourse is limited to the asset held in the bare trust — other Fund assets are protected. Both the LRBA structure and the bare trust must be correctly established before any borrowing is entered into, and all related party arrangements must be on arm's-length commercial terms. The MGS SMSF deed is compatible with LRBA structures. Specific legal and financial advice is essential before entering any LRBA.
For 2025–26: concessional contributions cap is $30,000; non-concessional cap is $120,000 (or up to $360,000 under the bring-forward rule). For 2026–27: concessional contributions cap is $32,500; non-concessional cap is $130,000 (or up to $390,000 under bring-forward). Members with a TSB below $500,000 at 30 June of the prior year can carry forward unused concessional cap from the previous five years. Non-concessional contributions are nil if the member's TSB equals or exceeds the general Transfer Balance Cap ($1,900,000 in 2025–26). Downsizer contributions (for members aged 55+) of up to $300,000 per person are available following the sale of a qualifying Australian home and are not counted against the NCC cap (but are counted for TSB purposes).
If a BDBN is invalid — whether because it was not witnessed correctly, it named ineligible beneficiaries, it has lapsed, or it does not comply with the Trust Deed — the Trustee is not bound by it and retains full discretion to determine who receives the death benefit. This can lead to outcomes directly contrary to the member's intentions. The MGS SMSF deed supports non-lapsing BDBNs — which remain valid until revoked or replaced by the member. All BDBNs should be reviewed at least every three years and immediately after any change in personal circumstances (marriage, separation, birth, death, financial dependency changes).
In accumulation phase, investment income (including capital gains) is taxed at 15% (10% for assets held more than 12 months). In pension phase — where the fund is paying a complying account-based pension — investment income attributable to the pension account is entirely tax-free. A fund in full pension phase can effectively operate as a zero-tax investment vehicle. From 1 July 2026, Division 296 Tax applies an additional 15% to earnings attributable to balances above $3 million (total 30%) and an additional 25% to earnings above $10 million (total 40%) — but this is assessed on the individual, not the fund, and is separate from the fund's own income tax position.

How to order your
MGS SMSF deed


1

Obtain professional advice first

Before establishing an SMSF, obtain advice from a licensed financial adviser and an SMSF specialist. Confirm the structure is appropriate for your circumstances, that all members are eligible, and that no member is a disqualified person under the SIS Act.

2

Register or log in to MGS

Create your MGS account or log in at macquariegs.com.au. Registration is free and takes under two minutes.

3

Complete the order form

Provide details for all members and the trustee (individual or corporate). Our order form guides you through every field required — including Division 296 compliance preferences where relevant.

4

MGS prepares your deed and kit suite

Our team prepares the bespoke MGS SMSF deed and delivers the complete 11-kit compliance document suite.

5

Execute, register and establish

Execute the deed, register the fund with the ATO, open a dedicated bank account in the fund's name, and prepare the Written Investment Strategy. Complete the Division 296 Kit documents immediately for members with TSBs approaching $3M.

Included with your deed
  • Bespoke MGS SMSF deed — individual or corporate trustee
  • Full 11-kit compliance document suite (D296, ABP, INV, RIN, OUT, RBK, TTR, WBD, DBK, ANN, CON)
  • Division 296 Kit — 8 documents including CGT Cost Base Reset Election
  • Explanatory memorandum covering SIS Act, investments, contributions and tax
  • Trustee consent and declaration templates
  • Member application forms
  • ATO registration guidance (ABN, TFN, ESA)
  • Access to MGS technical support team
Order Now — Login / Register

Questions? Call (02) 9231 5111

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Postal Address: GPO Box 512
Sydney, NSW 2001, Australia
Phone: (02) 9231 5111
Email: contact@macquariegs.com.au
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