Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
PART 3-20
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SUPERANNUATION
Division 133
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Division 293 tax
Subdivision 133-C
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Compulsory payment
End benefit
SECTION 133-130 MEANING OF END BENEFIT 133-130(1)
A * superannuation benefit is the end benefit for a * superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following: (a) a * roll-over superannuation benefit paid to a * complying superannuation plan that is a * successor fund; (b) a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 (about severe financial hardship); (c) a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground); (d) a benefit specified in an instrument under subsection (2) .
133-130(2)
The Minister may, by legislative instrument, specify a * superannuation benefit for the purposes of paragraph (1)(d) .
133-130(3)
(Repealed by No 127 of 2021)
133-130(4)
(Repealed by No 127 of 2021)
View history note
Hide history noteNote: See section 3AA .
Chapter 3 - Collection, recovery and administration of other taxesSECTION 133-130 MEANING OF END BENEFIT 133-130(1)
A * superannuation benefit is the end benefit for a * superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following: (a) a * roll-over superannuation benefit paid to a * complying superannuation plan that is a * successor fund; (b) a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 (about severe financial hardship); (c) a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground); (d) a benefit specified in an instrument under subsection (2) .
133-130(2)
The Minister may, by legislative instrument, specify a * superannuation benefit for the purposes of paragraph (1)(d) .
[ CCH Note: Legislative Instrument F2013L02050, effective from 1 July 2012, provides that, for subsection 133-130(2) , the superannuation benefits specified in the following table are excluded from being an end benefit for the purposes of the taxation law.
| Table of superannuation benefits that are not end benefits | |
| Item | A superannuation benefit that is a: |
| 1 | Family law superannuation payment.] |
133-130(3)
(Repealed by No 127 of 2021)
133-130(4)
(Repealed by No 127 of 2021)
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