Draft Taxation Determination

TD 2002/D13W - Withdrawal

Income tax: what is the method for reducing the capital value of a superannuation pension that has commenced to be paid for reasonable benefit limit purposes under subsection 140ZP(3) of the Income Tax Assessment Act 1936 (ITAA 1936) if the superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

• Please note that the PDF version is the authorised version of this withdrawal notice.

FOI status:

may be released

Notice of Withdrawal

Draft Taxation Determination TD 2002/D13 is withdrawn with effect from today.

The Tax Office is currently reviewing a number of issues concerning the recent amendments to the Income Tax Assessment Act 1936 to give effect to the taxation of superannuation benefits that are split on marriage breakdown. The review has cast sufficient doubt on the matters addressed in TD 2002/D13 and the two related draft Taxation Determinations, TD 2002/D14 and TD 2002/D15 that they should be withdrawn pending the outcome of the review.

Commissioner of Taxation
10 December 2003

References

ATO references:
NO 2003/11684

Related Rulings/Determinations:

TD 2002/D13