Income Tax Assessment (1997 Act) Regulations 2021
Superannuation interests that have family law values
307-230A.02(1)
Subject to subsections (5) and (6), subsection (2) applies in relation to a superannuation interest at a particular time if, at that time: (a) the interest is in the retirement phase; and (b) the interest has a family law value.
307-230A.02(2)
For the purposes of paragraph 307-230A(1)(a) of the Act: (a) if there is no alternative valuation method for the interest - the family law value is specified; or (b) if there is an alternative valuation method for the interest - the alternative valuation method is specified.
Other superannuation interests
307-230A.02(3)
Subject to subsections (5) and (6), subsection (4) applies in relation to a superannuation interest at a particular time if, at that time: (a) the interest is in the retirement phase; and (b) the interest does not have a family law value.
307-230A.02(4)
For the purposes of paragraph 307-230A(1)(a) of the Act, the value of the interest (within the meaning of section 307-205 of the Act) is specified.
Superannuation interests to which this section does not apply
307-230A.02(5)
This section does not apply in relation to a superannuation interest at a particular time if the interest supports any of the following superannuation income streams at that time: (a) an allocated annuity; (b) an allocated pension; (c) an allocated pension (within the meaning of the RSA Regulations); (d) an account-based annuity; (e) an account-based pension (within the meaning of the SIS Regulations); (f) an account based pension (within the meaning of the RSA Regulations); (g) a market linked annuity (within the meaning of the SIS Regulations); (h) a market linked pension (within the meaning of the SIS Regulations); (i) a market linked pension (within the meaning of the RSA Regulations).
Note:
For the total superannuation balance value of a superannuation interest that supports any of those superannuation income streams, see paragraph 307-230A(1)(b) of the Act.
307-230A.02(6)
This section does not apply in relation to a superannuation interest to which subsection 307-230A.03(2) or (4) applies.
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