Income Tax Assessment (1997 Act) Regulations 2021
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-30
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SUPERANNUATION
Division 307
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Key concepts relating to superannuation benefits
Subdivision 307-D
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Superannuation interests
SECTION 307-230A.04
TOTAL SUPERANNUATION BALANCE VALUE
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FAMILY LAW VALUE
307-230A.04(1)
This section applies in relation to a superannuation interest at a time occurring on a particular day if: (a) a method or factor is approved to be used to determine the gross value of the interest on that day under section 62 or 70 of the Family Law (Superannuation) Regulations 2025 ; or (b) Schedule 3, 5, 7 or 8 to that instrument sets out a method for determining the gross value of the interest on that day; or (c) Schedule 6 or 9 to that instrument sets out a method for determining the value of the interest on that day.
307-230A.04(2)
The superannuation interest has a family law value equal to: (a) if paragraph (1)(a) of this section applies - the gross value of the interest on that day, determined using the method or factors approved for the interest as mentioned in paragraph (1)(a) ; or (b) if paragraph (1)(a) does not apply, but paragraph (1)(b) applies - the gross value of the interest on that day, determined using the method mentioned in paragraph (1)(b) ; or (c) if paragraphs (1)(a) and (b) do not apply, but paragraph (1)(c) applies - the value of the interest on that day, determined using the method mentioned in paragraph (1)(c) .
307-230A.04(3)
For the purposes of this section: (a) treat a reference in Schedule 3, 5, 6, 7 or 9 to the Family Law (Superannuation) Regulations 2025 to " member spouse " as being a reference to " member " ; and (b) treat a reference in Schedule 3, 5, 7 or 8 to that instrument to the relevant date as being a reference to the day mentioned in subsection (1) of this section; and (c) treat a reference in Schedule 6 or 9 to that instrument to the termination time as being a reference to the time mentioned in subsection (1) of this section; and (d) disregard the words " provided by the trustee under section 90XZB or 90YZR of the Act " in subclauses 38(1) and (2) of Schedule 3 to that instrument; and (e) disregard the words " as provided by the trustee under section 90XZB or 90YZR of the Act " wherever they occur in Schedules 3, 5 and 7 to that instrument; and (f) disregard paragraph 44(2)(b) of that instrument (about self managed superannuation funds); and (g) for any provision of the Family Law (Superannuation) Regulations 2025 that applies differently depending on the member ' s gender - treat the member as being male; and (h) for any method or factor mentioned in subsection (2) that applies differently depending on whether there is, or will be, a reversionary beneficiary (within the meaning of Part VIIIB or VIIIC of that Act) - treat the member as if there is not, and will not be, a reversionary beneficiary.
This section applies in relation to a superannuation interest at a time occurring on a particular day if: (a) a method or factor is approved to be used to determine the gross value of the interest on that day under section 62 or 70 of the Family Law (Superannuation) Regulations 2025 ; or (b) Schedule 3, 5, 7 or 8 to that instrument sets out a method for determining the gross value of the interest on that day; or (c) Schedule 6 or 9 to that instrument sets out a method for determining the value of the interest on that day.
307-230A.04(2)
The superannuation interest has a family law value equal to: (a) if paragraph (1)(a) of this section applies - the gross value of the interest on that day, determined using the method or factors approved for the interest as mentioned in paragraph (1)(a) ; or (b) if paragraph (1)(a) does not apply, but paragraph (1)(b) applies - the gross value of the interest on that day, determined using the method mentioned in paragraph (1)(b) ; or (c) if paragraphs (1)(a) and (b) do not apply, but paragraph (1)(c) applies - the value of the interest on that day, determined using the method mentioned in paragraph (1)(c) .
307-230A.04(3)
For the purposes of this section: (a) treat a reference in Schedule 3, 5, 6, 7 or 9 to the Family Law (Superannuation) Regulations 2025 to " member spouse " as being a reference to " member " ; and (b) treat a reference in Schedule 3, 5, 7 or 8 to that instrument to the relevant date as being a reference to the day mentioned in subsection (1) of this section; and (c) treat a reference in Schedule 6 or 9 to that instrument to the termination time as being a reference to the time mentioned in subsection (1) of this section; and (d) disregard the words " provided by the trustee under section 90XZB or 90YZR of the Act " in subclauses 38(1) and (2) of Schedule 3 to that instrument; and (e) disregard the words " as provided by the trustee under section 90XZB or 90YZR of the Act " wherever they occur in Schedules 3, 5 and 7 to that instrument; and (f) disregard paragraph 44(2)(b) of that instrument (about self managed superannuation funds); and (g) for any provision of the Family Law (Superannuation) Regulations 2025 that applies differently depending on the member ' s gender - treat the member as being male; and (h) for any method or factor mentioned in subsection (2) that applies differently depending on whether there is, or will be, a reversionary beneficiary (within the meaning of Part VIIIB or VIIIC of that Act) - treat the member as if there is not, and will not be, a reversionary beneficiary.
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