What is Division 293 tax, in plain terms?
An extra 15% on your concessional super contributions once income plus contributions passes $250,000.
Concessional contributions, which are your employer's super, your salary sacrifice and any personal contributions you claim a deduction for, are normally taxed at 15% when they reach your fund. Division 293 takes that to 30% for people on very high incomes. It's named after the part of the tax law that creates it.
Threshold
$250,000
income plus concessional contributions
Rate
15%
on top of the fund's 15%
Taxed on
The smaller amount
excess over the line, or your contributions
The tax is 15% of whichever is smaller: the amount by which you're over $250,000, or your concessional contributions. So if you're $5,000 over, you pay $750, even if your employer put $30,000 into super. The ATO's own example uses exactly those numbers.
Two things make it matter for police. Employer super is generous in some forces, 18% in Queensland and 15.4% in the AFP, and that super counts towards the threshold. And police income is lumpy: overtime, back pay from a late pay deal and allowances can lift a single year well above your salary.
How does the ATO work out whether you're over?
You don't apply for Division 293 or report it. The ATO matches your tax return with the contributions your fund reports, then sends an "Additional tax on concessional contributions (Division 293) notice" to your myGov inbox if you're liable. If you have more than one fund, a late report can lead to an amended assessment.
Division 293 income
- What's included
- Taxable income, plus reportable fringe benefits, net financial investment loss, net rental property loss and a few rarer items (the same base as the Medicare levy surcharge, without reportable super contributions)
- Police examples
- Salary, overtime, shift allowances, back pay, capital gains, an electric car on a novated lease
Division 293 super contributions
- What's included
- Concessional contributions, ignoring any amount over the concessional cap
- Police examples
- Employer super, salary sacrifice, deductible personal contributions; for defined benefit members, the fund's defined benefit contribution figure
Taxable contributions
- What's included
- The smaller of the contributions and the amount over $250,000
- Police examples
- What the 15% is charged on
| Part of the test | What's included | Police examples |
|---|---|---|
| Division 293 income | Taxable income, plus reportable fringe benefits, net financial investment loss, net rental property loss and a few rarer items (the same base as the Medicare levy surcharge, without reportable super contributions) | Salary, overtime, shift allowances, back pay, capital gains, an electric car on a novated lease |
| Division 293 super contributions | Concessional contributions, ignoring any amount over the concessional cap | Employer super, salary sacrifice, deductible personal contributions; for defined benefit members, the fund's defined benefit contribution figure |
| Taxable contributions | The smaller of the contributions and the amount over $250,000 | What the 15% is charged on |
From the ATO's Division 293 page (last updated 24 August 2026). Excess concessional contributions are left out of the contributions figure because they're already taxed at your marginal rate.
- 1
Add up your Division 293 income
IncomeStart from taxable income on your return, then add reportable fringe benefits and any net investment or rental losses.
- 2
Add your concessional contributions
ContributionsUp to the $32,500 cap for 2026-27, or more if you used carry-forward. Carried-forward amounts all count for Division 293.
- 3
Compare the total with $250,000
TestIf it's below, there's nothing to pay. If it's above, take the smaller of the excess and your contributions.
- 4
Multiply by 15%
TaxThat's the Division 293 tax. You pay it yourself, release it from super, or (for defined benefit interests) it's deferred.
The ATO can't disregard contributions for Division 293
For the concessional cap, the ATO has a discretion to disregard or move contributions to another year in special circumstances. It has no such discretion for Division 293. Even if excess contributions are reallocated, they keep concessional treatment and go back into the Division 293 calculation.
Which police ranks reach $250,000?
On salary and employer super alone, it's mostly superintendents and above.
This table adds employer super to salary at senior pay points in each force's current pay table, then applies the Division 293 test. It's calculated by us and assumes no other income: no overtime, no investment income and no fringe benefits. Real bills will often be higher.
NSW
- Pay point
- Inspector Level 7
- Salary
- $215,291
- Employer rate
- 12%
- Test total
- $241,126
- Over the line
- $8,874 below
- Division 293 tax
- $0
NSW
- Pay point
- Superintendent Level 1
- Salary
- $229,446
- Employer rate
- 12%
- Test total
- $256,980
- Over the line
- $6,980
- Division 293 tax
- $1,047
NSW
- Pay point
- Superintendent Level 5
- Salary
- $247,608
- Employer rate
- 12%
- Test total
- $277,321
- Over the line
- $27,321
- Division 293 tax
- $4,098
NSW
- Pay point
- Superintendent Level 8
- Salary
- $261,813
- Employer rate
- 12%
- Test total
- $293,231
- Over the line
- $43,231
- Division 293 tax
- $4,713
QLD
- Pay point
- Inspector 7 (Chief Inspector)
- Salary
- $195,991
- Employer rate
- 18%
- Test total
- $231,269
- Over the line
- $18,731 below
- Division 293 tax
- $0
QLD
- Pay point
- Superintendent 5
- Salary
- $213,721
- Employer rate
- 18%
- Test total
- $252,191
- Over the line
- $2,191
- Division 293 tax
- $329
QLD
- Pay point
- Chief Superintendent 3
- Salary
- $226,442
- Employer rate
- 18%
- Test total
- $267,202
- Over the line
- $17,202
- Division 293 tax
- $2,580
WA
- Pay point
- Superintendent Increment III
- Salary
- $207,787
- Employer rate
- 12%
- Test total
- $232,721
- Over the line
- $17,279 below
- Division 293 tax
- $0
WA
- Pay point
- Commander Increment III
- Salary
- $230,124
- Employer rate
- 12%
- Test total
- $257,739
- Over the line
- $7,739
- Division 293 tax
- $1,161
SA
- Pay point
- Commander
- Salary
- $226,534
- Employer rate
- 12% (SG minimum)
- Test total
- $253,718
- Over the line
- $3,718
- Division 293 tax
- $558
TAS
- Pay point
- Commander Level 1
- Salary
- $188,217
- Employer rate
- 12%
- Test total
- $210,803
- Over the line
- $39,197 below
- Division 293 tax
- $0
NT
- Pay point
- Superintendent 4
- Salary
- $215,052 calc
- Employer rate
- 12% (SG minimum)
- Test total
- $240,858
- Over the line
- $9,142 below
- Division 293 tax
- $0
AFP
- Pay point
- Executive Level minimum
- Salary
- $175,089
- Employer rate
- 15.4%
- Test total
- $202,053
- Over the line
- $47,947 below
- Division 293 tax
- $0
AFP
- Pay point
- Executive Level 5
- Salary
- $203,063
- Employer rate
- 15.4%
- Test total
- $234,335
- Over the line
- $15,665 below
- Division 293 tax
- $0
AFP
- Pay point
- Executive Level maximum
- Salary
- $231,035
- Employer rate
- 15.4%
- Test total
- $266,614
- Over the line
- $16,614
- Division 293 tax
- $2,492
| Force | Pay point | Salary | Employer rate | Test total | Over the line | Division 293 tax |
|---|---|---|---|---|---|---|
| NSW | Inspector Level 7 | $215,291 | 12% | $241,126 | $8,874 below | $0 |
| NSW | Superintendent Level 1 | $229,446 | 12% | $256,980 | $6,980 | $1,047 |
| NSW | Superintendent Level 5 | $247,608 | 12% | $277,321 | $27,321 | $4,098 |
| NSW | Superintendent Level 8 | $261,813 | 12% | $293,231 | $43,231 | $4,713 |
| QLD | Inspector 7 (Chief Inspector) | $195,991 | 18% | $231,269 | $18,731 below | $0 |
| QLD | Superintendent 5 | $213,721 | 18% | $252,191 | $2,191 | $329 |
| QLD | Chief Superintendent 3 | $226,442 | 18% | $267,202 | $17,202 | $2,580 |
| WA | Superintendent Increment III | $207,787 | 12% | $232,721 | $17,279 below | $0 |
| WA | Commander Increment III | $230,124 | 12% | $257,739 | $7,739 | $1,161 |
| SA | Commander | $226,534 | 12% (SG minimum) | $253,718 | $3,718 | $558 |
| TAS | Commander Level 1 | $188,217 | 12% | $210,803 | $39,197 below | $0 |
| NT | Superintendent 4 | $215,052 calc | 12% (SG minimum) | $240,858 | $9,142 below | $0 |
| AFP | Executive Level minimum | $175,089 | 15.4% | $202,053 | $47,947 below | $0 |
| AFP | Executive Level 5 | $203,063 | 15.4% | $234,335 | $15,665 below | $0 |
| AFP | Executive Level maximum | $231,035 | 15.4% | $266,614 | $16,614 | $2,492 |
Calculated by us: salary plus employer super at the CALC rate (12% SG minimum where a police-specific rate isn't confirmed), contributions capped at $32,500 for the contributions side. 'calc' salaries are our calculation from the agreement rule (NT estimated points); Queensland salaries are QPS's official CPI Uplift Adjustment rates. Victoria is omitted because ESSS members have fund-calculated contributions, not a percentage.
NSW is the clearest case. Superintendent Level 1 on $229,446 is already $6,980 over once 12% super is added, and Level 8 pays about $4,713 a year. Inspectors sit below the line: Level 7 has about $8,874 of headroom, which a modest amount of other income can use up.
Queensland's 18% rate pulls the line down to a salary of about $211,864. A Chief Superintendent 3 receives about $40,760 of employer super, which is $8,260 over the $32,500 cap before any salary sacrifice. The excess is taxed at their marginal rate as income, so it moves into the income side of the test.
In Victoria, a Commander at Point 4 earns $245,187, only $4,813 short of $250,000 before any super is counted. ESSS reports a defined benefit contribution for Division 293, so most Commanders are likely to be over. Tasmania's Commander Level 1, on $188,217, is about $39,197 below the line.
Check where your own numbers land
Enter your force, salary and any salary sacrifice. The super calculator shows employer contributions, flags the concessional cap and helps you see how close you are to the Division 293 line.
Commissioners, deputy and assistant commissioners in most forces are on executive contracts that aren't in the award tables we use, so they aren't shown. They are well above the threshold; see the commissioners section below for the exemption that may apply.
Can overtime or back pay push a sergeant over?
Yes, though it takes a lot. Overtime is ordinary taxable income, so it counts in full. It generally doesn't attract employer super, so it lifts only the income side. This table shows how much overtime a top-of-scale Senior Sergeant would need, on top of salary and employer super, to reach $250,000.
NSW
- Pay point
- Senior Sergeant Level 3 (incl. 11.5% loading)
- Salary paid
- $165,804
- Employer super
- $17,844
- Extra income to reach the line
- $66,352
- Overtime hourly rate
- $112.57 (time and a half)
- Overtime hours a year
- 589 hours
QLD
- Pay point
- Senior Sergeant 4.7
- Salary paid
- $150,175
- Employer super
- $27,032
- Extra income to reach the line
- $72,794
- Overtime hourly rate
- $151.58 (double time (operational NCOs))
- Overtime hours a year
- 480 hours
WA
- Pay point
- Senior Sergeant Increment IV
- Salary paid
- $151,652
- Employer super
- $18,198
- Extra income to reach the line
- $80,150
- Overtime hourly rate
- $109.02 (time and a half)
- Overtime hours a year
- 735 hours
| Force | Pay point | Salary paid | Employer super | Extra income to reach the line | Overtime hourly rate | Overtime hours a year |
|---|---|---|---|---|---|---|
| NSW | Senior Sergeant Level 3 (incl. 11.5% loading) | $165,804 | $17,844 | $66,352 | $112.57 (time and a half) | 589 hours |
| QLD | Senior Sergeant 4.7 | $150,175 | $27,032 | $72,794 | $151.58 (double time (operational NCOs)) | 480 hours |
| WA | Senior Sergeant Increment IV | $151,652 | $18,198 | $80,150 | $109.02 (time and a half) | 735 hours |
Calculated by us from current pay tables. Employer super on base salary at the CALC rate. Hourly rates use each force's overtime basis: NSW base salary (excluding the loading) ÷ 52.14 ÷ 38; Queensland base ÷ 52.14 ÷ 38; WA annual × 12/313 ÷ 80 (agreement cl 10.13). NSW overtime is time and a half for the first 2 hours then double time, so the NSW hours are an upper estimate.
For a NSW Senior Sergeant that's roughly 11 hours of overtime every week of the year. Few people sustain that, but in an operation-heavy year combined with an investment property sale, it isn't impossible. See the police overtime calculator for your own rate.
Back pay and one-off years
The ATO specifically warns that back pay for current or earlier years, eligible termination payments and capital gains can push you over for a single year. Back pay is counted in the year you receive it, even when it relates to earlier years. That matters when a pay deal is settled late and paid as a lump sum.
Worked example: a NSW Inspector receives $12,000 of back pay
An Inspector Level 7 on $215,291 with 12% employer super has a test total of $241,126, under the line. Add a hypothetical $12,000 back-pay lump sum and the total becomes $253,126: $3,126 over. Division 293 tax for that year is about $469, calculated by us. Next year, without the lump sum, it drops back to nil.
Our guide to back pay and tax for police covers how lump sums are withheld and the offset that can apply to back pay from earlier years. The offset reduces income tax, but it doesn't take the back pay out of your Division 293 income.
Does salary sacrifice help or hurt above the line?
It can't get you under the line. Salary sacrifice takes a dollar out of taxable income and puts it into concessional contributions, and both count, so your test total stays the same. What changes is how much of your contributions are caught, which only matters when you're only slightly over.
Salary sacrifice moves money from one side of the Division 293 test to the other. The total doesn't move.
Here's a NSW Superintendent Level 5 on $247,608. Employer super of about $29,713 leaves $2,787 of cap room. Suppose they sacrifice $2,500 to fill most of it.
Taxable salary
- Without sacrifice
- $247,608
- Sacrificing $2,500
- $245,108
Concessional contributions
- Without sacrifice
- $29,713
- Sacrificing $2,500
- $32,213
Division 293 test total
- Without sacrifice
- $277,321
- Sacrificing $2,500
- $277,321
Division 293 tax
- Without sacrifice
- $4,098
- Sacrificing $2,500
- $4,098
Take-home pay falls by
- Sacrificing $2,500
- $1,325
Added to super after the fund's 15%
- Sacrificing $2,500
- $2,125
Extra Division 293 tax
- Sacrificing $2,500
- $0
Net gain from sacrificing
- Sacrificing $2,500
- $800
| Without sacrifice | Sacrificing $2,500 | |
|---|---|---|
| Taxable salary | $247,608 | $245,108 |
| Concessional contributions | $29,713 | $32,213 |
| Division 293 test total | $277,321 | $277,321 |
| Division 293 tax | $4,098 | $4,098 |
| Take-home pay falls by | $1,325 | |
| Added to super after the fund's 15% | $2,125 | |
| Extra Division 293 tax | $0 | |
| Net gain from sacrificing | $800 |
Calculated by us with 2026-27 resident rates including the 2% Medicare levy (src/lib/tax.ts). The officer's marginal rate after sacrificing is 47%. No other income assumed.
The Division 293 bill hasn't moved, because the tax is charged on the smaller of the excess over $250,000 and your contributions. This officer's excess, $27,321, was already smaller than their contributions, so the extra $2,500 lands in super at the normal 15%. Each sacrificed dollar costs 53 cents of take-home pay and adds 85 cents to super.
That only holds while your excess stays below your contributions. Once you're further over the line than your total contributions, every extra concessional dollar is caught: it costs 53 cents and adds about 70 cents after both 15% charges. Either way it's still a saving. Our salary sacrifice guide shows the cap room at every rank.
Defined benefit members: how is Division 293 worked out?
Your fund reports a contribution you never see, and the tax is deferred rather than paid.
If you're in a defined benefit scheme, no percentage of salary lands in an account in your name. For Division 293, your fund reports a defined benefit contribution, which the ATO says is based on the yearly increase in the benefit you're expected to receive when you leave. It's not the same as the notional taxed contribution used for the concessional cap.
That difference matters. In a scheme where the benefit is a multiple of final or final average salary, a promotion or a big pay rise lifts the value of all your past service, not just the current year. So the yearly increase, and the Division 293 contribution built on it, can jump in exactly the year your income does. Your fund's annual statement or a direct request is the only reliable way to see the figure.
NSW
- Defined benefit schemes still held by police
- Police Superannuation Scheme (PSS), SASS
- Open to new police?
- No
- Our guide
- NSW police super
Victoria
- Defined benefit schemes still held by police
- ESSS Defined Benefit Fund
- Open to new police?
- Yes, for police and PSOs
- Our guide
- Victoria Police super
Queensland
- Defined benefit schemes still held by police
- QSuper Police defined benefit account
- Open to new police?
- No
- Our guide
- Queensland police super
WA
- Defined benefit schemes still held by police
- Gold State Super
- Open to new police?
- No
- Our guide
- WA police super
SA
- Defined benefit schemes still held by police
- Police Superannuation Scheme (pension)
- Open to new police?
- No
- Our guide
- SA police super
Tasmania
- Defined benefit schemes still held by police
- RBF Contributory Scheme
- Open to new police?
- No (closed 1999)
- Our guide
- Tasmania police super
NT
- Defined benefit schemes still held by police
- CSS, NTGPASS
- Open to new police?
- No
- Our guide
- NT police super
AFP
- Defined benefit schemes still held by police
- CSS, PSS
- Open to new police?
- No
- Our guide
- AFP super
| Force | Defined benefit schemes still held by police | Open to new police? | Our guide |
|---|---|---|---|
| NSW | Police Superannuation Scheme (PSS), SASS | No | NSW police super |
| Victoria | ESSS Defined Benefit Fund | Yes, for police and PSOs | Victoria Police super |
| Queensland | QSuper Police defined benefit account | No | Queensland police super |
| WA | Gold State Super | No | WA police super |
| SA | Police Superannuation Scheme (pension) | No | SA police super |
| Tasmania | RBF Contributory Scheme | No (closed 1999) | Tasmania police super |
| NT | CSS, NTGPASS | No | NT police super |
| AFP | CSS, PSS | No | AFP super |
Scheme names as covered in our force super guides. Ask your fund for its Division 293 defined benefit contribution figure for the year; only the fund can calculate it.
Victoria is where this bites today, because ESSS is still the scheme for serving operational police. A Commander already earns close to the threshold before the defined benefit contribution is added. Elsewhere it affects long-serving senior officers who joined before their scheme closed. Our guide to defined benefit vs accumulation explains the two models.
How does the deferred debt account work?
Because you can't get at a defined benefit until you leave, the ATO still assesses Division 293 tax but defers payment. It opens a separate debt account for each defined benefit interest with tax attributed to it, and sends you a statement whenever the balance changes. If you hold several defined benefit accounts, the tax is apportioned between them.
- 1
Assessment each year
YearlyYour notice shows the deferred amount and anything due now (for example, tax on contributions to an accumulation fund you also hold).
- 2
Interest each 30 June
InterestDeferred debts not paid by 30 June attract end-of-year interest. You can pay voluntarily at any time to stop it building.
- 3
Your fund tells the ATO when a benefit becomes payable
LeavingWithin 14 days of a request to pay a benefit, or of it becoming payable, the fund lodges an end benefit notice.
- 4
The ATO issues a discharge notice
21 daysThe amount is the debt account balance or the fund's end benefit cap, whichever is lower. Payment is due 21 days after your benefit was paid.
You can pay the discharge amount with your own money or use the release authority that comes with the notice, which can only be presented to the fund holding that defined benefit account. Some payments aren't end benefits and don't trigger the debt: successor fund rollovers, severe financial hardship and compassionate release payments, and family law splits.
Watch for a benefit paid before the debt account is set up
If a benefit is paid from your defined benefit fund before the ATO has created the debt account, the deferral is revoked and the tax becomes due straight away. That can happen when someone retires or is medically retired soon after a high-income year. See police medical retirement if that may apply to you.
Are commissioners and assistant commissioners exempt?
Partly, and only in state forces. The ATO's list of state higher-level office holders includes a commissioner, deputy commissioner or assistant commissioner of a state police force, or an officer of equivalent rank. If you fall into that category at any time in a year, you're treated as one for the whole year.
Who qualifies?
- Answer from the ATO's rules
- Commissioner, deputy commissioner, assistant commissioner or equivalent rank of a police force of a state
Which contributions are excluded?
- Answer from the ATO's rules
- Contributions to a constitutionally protected fund (CPF), other than salary packaged contributions
Do they still count towards the $250,000?
- Answer from the ATO's rules
- Yes. They're excluded when working out the taxable contributions, but included when testing the threshold
Does it cover the AFP?
- Answer from the ATO's rules
- No. The AFP is a Commonwealth force, not a police force of a state
| Question | Answer from the ATO's rules |
|---|---|
| Who qualifies? | Commissioner, deputy commissioner, assistant commissioner or equivalent rank of a police force of a state |
| Which contributions are excluded? | Contributions to a constitutionally protected fund (CPF), other than salary packaged contributions |
| Do they still count towards the $250,000? | Yes. They're excluded when working out the taxable contributions, but included when testing the threshold |
| Does it cover the AFP? | No. The AFP is a Commonwealth force, not a police force of a state |
From the ATO's Division 293 page, read October 2026. Whether your scheme is a CPF is a question for your fund; the SA Police Superannuation Scheme describes itself as constitutionally protected.
CPFs are untaxed state government schemes. If your senior executive super is in an ordinary taxed accumulation fund instead, the exemption doesn't help. Ask your fund in writing whether it's a constitutionally protected fund before you rely on this.
How do you pay: from your pocket or from super?
For accumulation money, you choose. You can pay the ATO directly, or elect to release the amount from super. The election is made online through ATO online services (Super, then Manage, then Division 293 election), or by your tax agent, within 60 days of the assessment.
Paying from super
- ✓Your take-home pay and savings aren't touched
- ✓The fund pays the ATO directly under a release authority
- ✓Anything over the Division 293 amount goes to other tax debts, then back to you
- ✓Reasonable if you'd otherwise pay from a credit card or loan
Things to know first
- ✕The election can't be withdrawn or reversed
- ✕The 60 days doesn't extend the due date on your notice
- ✕It reduces your super balance and the earnings on it
- ✕Most defined benefit funds can't release money; another fund may
If you'd rather keep your super intact and have the cash, paying directly avoids losing future earnings on the released amount. Either way, pay by the due date on the notice to avoid interest. If you think the figures are wrong, the usual cause is an error in your return or the fund's report; correct those first, then lodge an objection if needed.
Is super still worth it above the line?
For most people, yes. Above $250,000 your taxable income is almost always over $190,000, so each extra dollar of salary is taxed at 45% plus 2% Medicare. Contributions taxed at 30% still beat that by 17 cents a dollar. The exception is contributions over the concessional cap, which lose the concession entirely.
Below the line
- Tax on the contribution
- 15%
- Tax if taken as salary
- 47% (if taxable income is over $190,000)
- Saving per $100
- $32
Above the line
- Tax on the contribution
- 15% + 15% Division 293 = 30%
- Tax if taken as salary
- 47%
- Saving per $100
- $17
Above the line, and over the concessional cap
- Tax on the contribution
- Excess taxed at your marginal rate (less a 15% offset)
- Tax if taken as salary
- 47%
- Saving per $100
- None on the excess
| Situation | Tax on the contribution | Tax if taken as salary | Saving per $100 |
|---|---|---|---|
| Below the line | 15% | 47% (if taxable income is over $190,000) | $32 |
| Above the line | 15% + 15% Division 293 = 30% | 47% | $17 |
| Above the line, and over the concessional cap | Excess taxed at your marginal rate (less a 15% offset) | 47% | None on the excess |
Calculated by us from 2026-27 resident rates including the 2% Medicare levy. Excess concessional contributions are included in assessable income and taxed at marginal rates with a 15% tax offset.
The real decision for senior officers is usually about the cap, not Division 293. In Queensland and the AFP, employer super at senior ranks can fill the $32,500 cap on its own, leaving no room to sacrifice. AFP Executive Level 5 has employer super of about $31,272, and the top of the range about $35,579, which is over the cap.
What should you do if you're close to the line?
Before 30 June, check
- ✓ Your year-to-date taxable income including overtime and any back pay, from your latest payslip
- ✓ Your employer super for the year so far, from your fund or payslip
- ✓ Whether you've used carry-forward concessional cap, which all counts for Division 293
- ✓ Any reportable fringe benefits, such as an electric car on a novated lease
- ✓ Investment or rental losses, which are added back into Division 293 income
- ✓ If you're in a defined benefit scheme, your fund's estimate of this year's defined benefit contribution
An electric car on a novated lease is a common surprise: the car is exempt from fringe benefits tax, but its grossed-up value is still reported and added to your Division 293 income. Negative gearing losses are added back too, so they don't bring you under the line.
None of this is financial or tax advice. A registered tax agent or licensed financial adviser can look at your full position, and your fund can confirm the contribution figures it will report. For more on how the super schemes in your state work, see police superannuation in Australia, and for pay by rank see NSW police salary or your own force's salary guide.
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Know when a pay rise takes your rank over the line
Get an email when a pay deal, the concessional cap or the Division 293 threshold changes, with the updated crossover salary and the Division 293 bill at each senior rank in your force.
- ✓Senior-rank tables updated after each pay rise
- ✓A reminder before 30 June if you have a deferred debt
Frequently asked questions
What is Division 293 tax?
It's an extra 15% tax on concessional super contributions for people whose income plus those contributions is over $250,000 in a year. It brings the tax on those contributions from 15% to 30%. The ATO works it out after you lodge your return and your fund reports your contributions, then sends a separate notice of assessment.
Do police officers pay Division 293 tax?
Only the highest-paid do on salary alone. On our calculation from current pay tables, NSW Superintendents from Level 1 ($229,446), Queensland Superintendent 5 and above, WA and SA Commanders and AFP members near the top of the Executive Level range cross the line. Overtime, back pay and investment income can take others over.
At what salary does Division 293 start?
It depends on your employer super rate, because contributions count towards the $250,000. At 12% the crossover is a salary of about $223,214. In Queensland, where police receive 18%, it's about $211,864. For AFP members on 15.4%, it's about $216,638 of ordinary time earnings.
Does overtime count towards the Division 293 threshold?
Yes. Division 293 income starts with your taxable income, which includes overtime, allowances, shift penalties, back pay and capital gains. It also adds reportable fringe benefits, such as an electric car on a novated lease, and net investment and rental losses. A big overtime year can push a Senior Sergeant towards the line.
Can salary sacrifice reduce Division 293 tax?
No. Salary sacrifice moves dollars from taxable income into concessional contributions, and both sides count towards the threshold, so the total doesn't change. If you're already over, extra sacrificed dollars are taxed at 15% or 30% in super, depending on how far over you are, instead of 47% as salary, so it usually still saves tax.
How does Division 293 work for defined benefit members?
Your fund reports a defined benefit contribution worked out from the yearly increase in the benefit you're expected to receive. The ATO still assesses the tax, but defers it into a debt account for each defined benefit interest. Interest is added each 30 June on unpaid amounts, and the debt is paid when you take a benefit from that interest.
Can I pay Division 293 tax from my super?
Usually, yes, for accumulation money. You elect online through ATO online services within 60 days of the assessment, and the ATO sends your fund a release authority. The election can't be reversed, and the tax is still due by the date on your notice. Most defined benefit funds can't release money, so check first.
Are police commissioners exempt from Division 293?
Partly. The ATO lists a commissioner, deputy commissioner or assistant commissioner of a state police force, or an equivalent rank, as a state higher-level office holder. Contributions they receive in a constitutionally protected fund are generally excluded from the tax, though they still count towards the threshold. Salary packaged contributions aren't excluded. The AFP isn't a state force.
Evidence
Sources and how we checked them
Every figure on this page comes from the sources below, read on 10 October 2026. Pay rates and rules change when new agreements are made, so check the source for the date you're reading this. Where we couldn't confirm something from an official source, the page says so instead of guessing. Spotted an error? Read our corrections policy.
- ATO: Division 293 tax on concessional contributions by high-income earners — Division 293 income components, defined benefit deferral, debt accounts, release elections, state higher-level office holders (last updated 24 August 2026)
- ATO: Division 293 tax (key super rates and thresholds) — $250,000 threshold
- ATO: Contributions caps — $32,500 concessional cap from 1 July 2026
- ATO: Super contributions to defined benefit and constitutionally protected funds — notional taxed contributions for the cap
- ATO: Tax rates for Australian residents — 2026-27 rates used in worked examples
- Crown Employees (Police Officers - 2024) Award, NSW Industrial Gazette Vol 397, 9 May 2025, pp 1238-1334 — NSW salaries (Tables 1b and 4b); overtime cl 8 basis
- Queensland Police Service Certified Agreement 2025 (QIRC CB/2025/116) — Queensland pay structure and overtime
- Queensland Police Service: CPI Uplift Adjustment (CUA) FAQ and visual aids, Tranche 3 (official pay and allowance schedules) — Queensland salaries: official CPI-uplifted pay rates
- Western Australia Police Force Industrial Agreement 2024 (WAIRC, WES338) — WA salaries; hourly rate cl 10.13
- Australian Federal Police Enterprise Agreement 2024-2027 (FWC AE526995, [2024] FWCA 4231) — AFP Executive Level salaries; 15.4% employer super s17(5)
- Victoria Police (Police Officers, PSOs, Police Reservists and Police Recruits) Enterprise Agreement 2025, [2025] FWCA 1135, AE528554 — Victoria Police Commander salary
- SA Police Superannuation Scheme booklet (2020) — describes the scheme as constitutionally protected
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General information, not advice. This guide explains published rules and rates. It doesn't consider your personal circumstances and isn't financial, legal, tax or credit advice. Confirm anything you rely on with your force, your police association, the ATO or a licensed professional.