Income Tax Assessment Act 1936

Subdiv AA (heading) substituted by No 15 of 2007, s 3 and Sch 1 item 59, applicable to the 2007-2008 income year and later years. The heading formerly read:

Subdivision AA - Superannuation, termination of employment and kindred payments

Subdiv AA inserted by No 47 of 1984.

S 27CA repealed by No 15 of 2007, s 3 and Sch 1 item 3, applicable to the 2007-2008 income year and later years. S 27CA formerly read:

SECTION 27CA ANTI-DETRIMENT PROVISION FOR SERVICE MISMATCH CASES  
27CA(1) [Application of section]  

This section applies to an ETP (in this section called the " actual ETP " ) if:

(a) the ETP is made in relation to the taxpayer on or after the taxpayer ' s 55th birthday; and

(b) the ETP:

(i) is paid by a continuously complying superannuation fund or continuously complying ADF; or

(ii) is made in relation to the commutation of, or is the residual capital value of, a rebatable ETP annuity (within the meaning of Subdivision AAB of Division 17 ).

27CA(2) [Compensation for detriment amount]  

If the Commissioner is satisfied in respect of the actual ETP that:

(a) the old system net benefit for the equivalent old system ETP would have exceeded the actual net benefit for the actual ETP; and

(b) the whole or part (which whole or part is in this section called the " detriment amount " ) of the excess referred to in paragraph (a) is attributable to the fact that an amount or amounts were included in the assessable income of any taxpayer in relation to taxable contributions made to a complying superannuation fund;

the Commissioner shall take such steps as are necessary to compensate the taxpayer for the detriment amount.

27CA(3) [Commissioner ' s discretion]  

The steps that the Commissioner may take include:

(a) reducing the amount of tax payable by the taxpayer in respect of the year of income in which the actual ETP was received (including a reduction by way of a rebate of tax or increased rebate of tax); or

(b) granting to the taxpayer an entitlement to a credit of tax.

27CA(4) [Application of s 160AI to 160AL]  

Sections 160AI to 160AL (inclusive) apply in relation to a decision of the Commissioner granting an entitlement to a credit under this section in like manner as those sections apply to a determination of a credit within the meaning of those sections.

27CA(5) [Application of credit]  

The Commissioner shall apply a credit of tax to which the taxpayer is entitled under this section in payment successively of:

(a) any tax payable by the taxpayer in respect of the year of income in which the ETP is made (whether or not that tax is due for payment); and

(b) any other liability of the taxpayer to the Commonwealth arising under, or by virtue of, this Act or any other Act of which the Commissioner has the general administration;

and shall refund to the taxpayer so much of the credit as is not so applied.

S 27AA - 27CA substituted by No 105 of 1989.