Income Tax Assessment (1997 Act) Regulations 2021

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 307 - Key concepts relating to superannuation benefits  

Subdivision 307-D - Superannuation interests  

SECTION 307-230A.10   TOTAL SUPERANNUATION BALANCE VALUE - FAMILY LAW PAYMENT SPLITTING (NON-MEMBER SPOUSE)  

307-230A.10(1)    
This section applies at a particular time (the application time ) if:

(a)    a superannuation interest (the member spouse ' s interest ) is subject to a payment split; and

(b)    the circumstance prescribed by subsection 307-230.01(1) exists in relation to the member spouse ' s interest; and

(c)    under subsection 307-230(3) of the Act, the non-member spouse in relation to the member spouse ' s interest is treated as having a superannuation interest (the non-member spouse ' s interest ) because the member spouse ' s interest is subject to the payment split; and

(d)    the unsplit total superannuation balance value is greater than nil.

307-230A.10(2)    
The unsplit total superannuation balance value is the total superannuation balance value of the member spouse ' s interest at the application time (disregarding the payment split).

Base amount payment splits

307-230A.10(3)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a base amount payment split; and

(b)    an adjusted base amount applies to the non-member spouse at the application time; and

(c)    subsection (5) does not apply;

the adjusted base amount in relation to the non-member spouse on the day on which the application time occurs is specified in relation to the non-member spouse ' s interest.

307-230A.10(4)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a base amount payment split; and

(b)    an adjusted base amount does not apply to the non-member spouse at the application time; and

(c)    subsection (5) does not apply;

the base amount allocated to the non-member spouse, within the meaning of section 72 of the Family Law (Superannuation) Regulations 2025 , is specified in relation to the non-member spouse ' s interest.

307-230A.10(5)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a base amount payment split; and

(b)    the member spouse ' s interest is in the retirement phase; and

(c)    paragraph 85(1)(a) of the Family Law (Superannuation) Regulations 2025 applies in relation to the member spouse ' s interest;

the value worked out using the following formula is specified in relation to the non-member spouse ' s interest:

The unsplit superannuation balance value	×	The adjusted base amount in relation to the non-member spouse on the day on which the member spouse ' s interest entered the retirement phase	×	Transition factor
The amount that, apart from this section, would have been the total superannuation balance value of the member spouse ' s interest at the time at which the member spouse ' s interest entered the retirement phase

where:

transition factor
has the same meaning as in subsection 85(2) of the Family Law (Superannuation) Regulations 2025 .

Percentage payment splits

307-230A.10(6)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a percentage payment split; and

(b)    neither Division 2 of Part 4, nor Division 3 of Part 5, of the Family Law (Superannuation) Regulations 2025 applies to the payment split;

the value worked out using the following formula is specified in relation to the non-member spouse ' s interest:

The unsplit total superannuation balance value

×

The percentage specified in the relevant superannuation agreement or splitting order

307-230A.10(7)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a percentage payment split; and

(b)    neither Division 2 of Part 4, nor Division 3 of Part 5, of the Family Law (Superannuation) Regulations 2025 applies to the payment split; and

(c)    section 41 or 48 of the Family Law (Superannuation) Regulations 2025 applies to the member spouse ' s interest;

the value worked out using the following formula is specified in relation to the non-member spouse ' s interest:

The unsplit total superannuation balance value	×	Accrued benefit multiple at separation	×	The percentage specified in the relevant superannuation agreement or splitting order
		Later accrued benefit multiple

where:

accrued benefit multiple at separation
has the same meaning as in section 41 or 48 of the Family Law (Superannuation) Regulations 2025 (whichever is relevant).

later accrued benefit multiple
means:

(a)    if the non-member spouse ' s interest is in the retirement phase at the application time - the accrued benefit multiple at payment (within the meaning of section 41 or 48 of the Family Law (Superannuation) Regulations 2025 , whichever is relevant); or

(b)    otherwise - the member spouse ' s accrued benefit multiple, as defined in the governing rules of the superannuation plan in which the member spouse ' s interest exists, at the application time.

307-230A.10(8)    
For the purposes of paragraph 307-230A(1)(a) of the Act, and subject to subsection (9) of this section, if:

(a)    the payment split is a percentage payment split; and

(b)    Division 2 of Part 4, or Division 3 of Part 5, of the Family Law (Superannuation) Regulations 2025 applies to the payment split; and

(c)    section 42 or 49 of the Family Law (Superannuation) Regulations 2025 applies to the member spouse ' s interest;

the value worked out using the following formula is specified in relation to the non-member spouse ' s interest:

The unsplit total superannuation balance value

×

The percentage specified in the relevant superannuation agreement or splitting order

Effective waiver notices

307-230A.10(9)    
For the purposes of paragraph 307-230A(1)(a) of the Act, if the non-member spouse has served an effective waiver notice for the purposes of section 90XZA or 90YZQ of the Family Law Act 1975 in relation to the member spouse ' s interest, the total superannuation balance value of the non-member spouse ' s interest is nil.

Multiple payment splits

307-230A.10(10)    
Subsection (11) applies if, at the application time, there is more than one payment split to which paragraphs 307-230A.11(1)(a) , (b) and (c) apply in relation to the member spouse ' s interest.

307-230A.10(11)    
In applying subsection (2) of this section and section 307-230A.11 to work out the total superannuation balance value of the non-member spouse ' s interest mentioned in paragraph (1)(c) of this section in relation to one of those payment splits, disregard:

(a)    that payment split; and

(b)    any of those payment splits that has a later operative time (within the meaning of Part VIIIB or VIIIC (as the case may be) of the Family Law Act 1975 ).