Income Tax Assessment Amendment Regulations 2008 (No. 3) (144 of 2008)

Schedule 1   Amendment commencing on the day after registration

[1]   Regulation 306-10.01

substitute

306-10.01 Roll-over superannuation benefit

For paragraph 306-10 (b) of the Act, a kind of superannuation benefit is:

(a) a benefit to which the following requirements exist:

(i) the benefit arises from the commutation of a superannuation income stream paid to a person ( person 1 ) because of the death of another person ( person 2 ); and

(ii) person 1 was not the spouse of person 2 at the time of person 2's death; or

(b) a benefit to which section 303-10 of the Act, or section 303-10 of the Income Tax (Transitional Provisions) Act 1997, applies.

Note Under section 306-10 of the Act, a superannuation benefit is a roll-over superannuation benefit if it meets the requirements specified in the section. One of the requirements is that the benefit is not a superannuation benefit of a kind specified in the Regulations.