Income Tax Assessment Act 1997



Division 294 - Transfer balance cap  

Subdivision 294-B - Transfer balance account  

Operative provisions

SECTION 294-50   Assumptions about income streams  

Subsections (2) and (3) apply for the purposes of working out the following matters at a time:

(a) whether you have a *transfer balance account;

(b) the *transfer balance in your transfer balance account.

In working out whether there is a superannuation income stream at a time:

(a) have regard only to facts and circumstances that exist at that time; and

(b) assume a requirement will be met, to the extent (if any) that:

(i) the requirement arises under a provision of the *taxation law or under any rules or standards under which a benefit is, or is purported to be, provided; and

(ii) meeting the requirement is a condition for there to be a superannuation income stream at that time; and

(iii) it is not possible to determine, having regard only to facts and circumstances that exist at that time, whether or not the requirement has been met.

In working out whether a *superannuation income stream is in the retirement phase at a time, disregard the operation of subsection 307-80(4) , if the time is before the end of the 60-day period mentioned in paragraph (c) of that subsection.

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