Reg 995-1.03 repealed by FRLI No F2017L00321, reg 4 and Sch 6 item 2, applicable to payments from an interest that supports a superannuation income stream made on or after 1 July 2017. Reg 995-1.03 formerly read:
REGULATION 995-1.03 PAYMENTS THAT ARE NOT SUPERANNUATION INCOME STREAM BENEFITS
995-1.03
A payment from an interest that supports a superannuation income stream is not a
superannuation income stream benefit
if:
(a)
the conditions to which the superannuation income stream is subject allow for the variation of the amount of the payments of benefit in a year in circumstances other than:
(i)
the indexation of the benefit under the rules of the product; or
(ii)
the application of the family law splitting provisions; or
(iii)
the commutation of the benefit (including commutation to pay a surcharge liability); or
(iv)
the payment of an assessment of excess contributions tax; and
(b)
the person to whom the payment is made elects, before a particular payment is made, that that payment is not to be treated as a superannuation income stream benefit.
Reg 995-1.03 inserted by SLI No 90 of 2007, reg 4 and Sch 2 item 3, effective 1 July 2007.
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