Income Tax Assessment (1997 Act) Regulations 2021
View history note
Hide history noteThis section applies to a superannuation interest if: (a) it is a superannuation interest of yours:
(i) just before 1 July 2026; and
(b) it supports a death benefit income stream that, because of the death of another person, you are receiving:
(ii) at all times occurring between 1 July 2026 and 30 June 2027; or
(i) just before 1 July 2026; and
(ii) at all times occurring between 1 July 2026 and 30 June 2027.
1000-8.02(2)
If the total superannuation balance value of the superannuation interest just before 1 July 2026 exceeds the new method value, the excess is included in the total worked out for you under subsection 296-70.03(1) in relation to the interest.
1000-8.02(3)
If the new method value exceeds the total superannuation balance value of the superannuation interest just before 1 July 2026, the excess is included in the total worked out for you under subsection 296-70.02(1) in relation to the interest.
1000-8.02(4)
If column 1 of an item of the following table applies, the new method value is the amount set out in column 2 of that item:
| New method value | ||
| Item |
Column 1
If … |
Column 2
the new method value is … |
| 1 | the total superannuation balance value of the superannuation interest just before 1 July 2027 is the family law value | equal to what would be the family law value of the interest just before 1 July 2026 if each reference in paragraphs 307-230A.04(1)(a) , (b) and (c) to determining a value on that day were a reference to determining the value just before 1 July 2027. |
| 2 | the method for determining the total superannuation balance value of the superannuation interest just before 1 July 2027 is an alternative valuation method | the value of the interest just before 1 July 2026 determined using that method (even if no certificate is in force in relation to the interest at that time under section 307-230A.06 ). |
| 3 | the total superannuation balance value of the superannuation interest just before 1 July 2027 is the vested benefits total of the interest | the vested benefits total of the interest just before 1 July 2026. |
| 4 | the total superannuation balance value of the superannuation interest just before 1 July 2027 is the maximum commutation amount of the interest | the maximum commutation amount of the interest just before 1 July 2026. |
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