Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES

PART 3-30 - SUPERANNUATION

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Division 303 - Superannuation benefits paid in special circumstances

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Subdivision 303-B - Other special circumstances

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SECTION 303-15

303-15 Payments from release authorities - general

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A *superannuation benefit that you receive (or are taken to receive) is not assessable income and is not *exempt income if it is paid in response to a release authority issued under section 131-15 in Schedule 1 to the Taxation Administration Act 1953 in relation to you.

Note:

In some cases, a related amount may still be included in your assessable income (see Subdivision 292-B and sections 304-20 and 313-20 ).

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History

S 303-15 amended by No 132 of 2017, s 3 and Sch 1 item 11, by substituting " sections 304-20 and 313-20 " for " section 304-20 " in the note, effective 1 July 2018.

S 303-15 substituted by No 81 of 2016, s 3 and Sch 10 item 22, effective 1 July 2018. For application provisions, see note under s 292-1 . S 303-15 formerly read:

SECTION 303-15 Payments from release authorities - excess concessional contributions
303-15
A * superannuation benefit that you receive (or are taken to receive), paid in relation to a release authority issued in relation to an election you make under section 96-5 in Schedule 1 to the Taxation Administration Act 1953 , is not assessable income and is not * exempt income.

S 303-15 substituted by No 118 of 2013, s 3 and Sch 1 item 24, effective 29 June 2013. For application, transitional and saving provisions see note under Div 291 heading. S 303-15 formerly read:

SECTION 303-15 Payments from release authorities for refunded excess concessional contributions
303-15(1)
A * superannuation benefit that you are taken to receive under section 307-15 , paid in relation to a release authority issued in relation to you in accordance with section 292-420 , is not assessable income and is not * exempt income.

303-15(2)
Section 307-125 (the proportioning rule) does not apply to such a * superannuation benefit.

S 303-15 inserted by No 75 of 2012, s 3 and Sch 4 item 3, applicable in relation to excess concessional contributions for the financial year beginning on 1 July 2011 and later financial years.

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