Taxation Determination

TD 96/33W

Income tax: what is the standard indexation rate determined by the Commissioner that applies to a financial year for the purposes of calculating the Reasonable Benefits Limits (RBLs) stated in Subdivision A of Division 14 of Part III of the Income Tax Assessment Act 1936?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This document has changed over time. View its history.

Notice of Withdrawal

Taxation Determination TD 96/33 is withdrawn with effect from today.

1. TD 96/33 states that for the purposes of valuing a pension for RBLs, the pension valuation factors (PVFs) contained in Schedule 1B of the Superannuation Industry (Supervision) Regulations 1994 are used. The PVF acts as a multiple for converting the annual amount of pension at commencement into a lump sum for the purpose of comparing it to the pension RBL.

2. Former Division 14 of the Income Tax Assessment Act 1936 (ITAA 1936) provided for a system of RBLs applicable to certain eligible termination payments (ETPs), superannuation pensions and annuities as well as, inter alia, the Commissioner's power to determine the extent to which the ETP, pension or annuity exceeded the recipient's RBLs.

3. Division 14 of the ITAA 1936 was repealed by the Superannuation Legislation Amendment (Simplification) Act 2007, which came into effect on 1 July 2007. RBLs are no longer used to calculate taxation of superannuation amounts and no indexed RBLs have been provided since the 2006-07 income year.

4. TD 96/33 has no application for the 2007-08 income year and later years, and is therefore withdrawn.

Commissioner of Taxation
6 March 2019

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

References

ATO references:
NO 1-H1OPJ4C