CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-30
-
SUPERANNUATION
History
Part 3-30 inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
Division 294
-
Transfer balance cap
History
Div 294 inserted by No 81 of 2016, s 3 and Sch 1 item 4, effective 1 January 2017. For application provision, see Subdiv
294-A
of
Income Tax (Transitional Provisions) Act 1997
.
Subdivision 294-B
-
Transfer balance account
History
Subdiv 294-B inserted by No 81 of 2016, s 3 and Sch 1 item 4, effective 1 January 2017. For application provision, see Subdiv
294-A
of
Income Tax (Transitional Provisions) Act 1997
.
Operative provisions
SECTION 294-55
Repayment of limited recourse borrowing arrangement
294-55(1)
A *transfer balance credit arises in your *transfer balance account if:
(a)
a *superannuation provider makes a payment in respect of a *borrowing under an *arrangement that is covered by the exception in subsection
67A(1)
of the
Superannuation Industry (Supervision) Act 1993
(which is about limited recourse borrowing arrangements); and
(b)
as a result, there is an increase in the *value of a *superannuation interest that supports a *superannuation income stream of which you are the *retirement phase recipient; and
(c)
the superannuation interest is in a *small superannuation fund at the time of the payment.
History
S 294-55(1) amended by No 47 of 2021, s 3 and Sch 1 item 4, by substituting para (c), effective 1 July 2021. Para (c) formerly read:
(c)
the superannuation interest is in a *superannuation fund that is covered by subsection (4) at the time of the payment.
294-55(2)
The amount of the credit is the amount of the increase in *value.
294-55(3)
The credit arises at the time of the payment.
294-55(4)
(Repealed by No 47 of 2021)
History
S 294-55(4) repealed by No 47 of 2021, s 3 and Sch 1 item 5, effective 1 July 2021. S 294-55(4) formerly read:
294-55(4)
A *complying superannuation fund is covered by this subsection at a time if any of the following requirements are satisfied:
(a)
the fund is a *self managed superannuation fund at the time;
(b)
there are less than 5 *members of the fund at the time.
History
S 294-55 inserted by No 55 of 2017, s 3 and Sch 1 item 6, effective 1 July 2017.