Income Tax Assessment Regulations 1997 (Repealed)

PART 3 - SUPERANNUATION BENEFITS PAID FROM COMPLYING PLANS ETC

Division 306 - Roll-overs etc

REGULATION 306-10.01

306-10.01 ROLL-OVER SUPERANNUATION BENEFIT
For the purposes of paragraph 306-10(b) of the Act, each of the following kinds of superannuation benefit is specified:

(a) a superannuation death benefit, unless it is paid to a person covered by subregulation 6.21(2A) of the SIS Regulations or subregulation 4.24(3A) of the RSA Regulations in relation to the deceased member;

(b) a benefit to which section 303-10 of the Act, or section 303-10 of the Income Tax (Transitional Provisions) Act 1997 , applies.

View history note

History

Reg 306-10.01 substituted by FRLI No F2017L00321, reg 4 and Sch 1 item 4, applicable in relation to superannuation benefits paid on or after 1 July 2017. Reg 306-10.01 formerly read:

REGULATION 306-10.01 ROLL-OVER SUPERANNUATION BENEFIT
306-10.01
For paragraph 306-10(b) of the Act, a kind of superannuation benefit is:

(a) a benefit to which the following requirements exist:

(i) the benefit arises from the commutation of a superannuation income stream paid to a person ( person 1 ) because of the death of another person ( person 2 ); and

(ii) person 1 was not the spouse of person 2 at the time of person 2 ' s death; or

(b) a benefit to which section 303-10 of the Act, or section 303-10 of the Income Tax (Transitional Provisions) Act 1997, applies.
Note:

Under section 306-10 of the Act, a superannuation benefit is a roll-over superannuation benefit if it meets the requirements specified in the section. One of the requirements is that the benefit is not a superannuation benefit of a kind specified in the Regulations.

Reg 306-10.01 substituted by SLI No 144 of 2008, reg 3 and Sch 2 item 1, effective 30 June 2008. Reg 306-10.01 formerly read:

REGULATION 306-10.01 ROLL-OVER SUPERANNUATION BENEFIT
306-10.01
For paragraph 306-10(b) of the Act, a kind of superannuation benefit is a benefit to which the following requirements exist:

(a) the benefit arises from the commutation of a superannuation income stream paid to a person ( person 1 ) because of the death of another person ( person 2 ); and

(b) person 1 was not the spouse of person 2 at the time of person 2 ' s death.
Note

Under section 306-10 of the Act, a superannuation benefit is a roll-over superannuation benefit if it meets the requirements specified in the section. One of the requirements is that the benefit is not a superannuation benefit of a kind specified in the Regulations.

Reg 306-10.01 inserted by SLI No 90 of 2007, reg 4 and Sch 2 item 1, effective 1 July 2007.

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