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.