Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 (81 of 2016)
Schedule 1 Transfer balance cap
Part 2 Defined benefit income
Income Tax Assessment Act 1997
32 Division 303 (after the heading)
Insert:
Table of Subdivisions
Guide to Division 303
303-A Modifications for defined benefit income
303-B Other special circumstances
Guide to Division 303
303-1 What this Division is about
Under Subdivision 303-A, the tax treatment of superannuation income stream benefits that are defined benefit income can be less favourable to you if that income exceeds your defined benefit income cap.
Subdivision 303-B sets out special circumstances in which superannuation benefits are neither assessable income nor exempt income.
Subdivision 303-A - Modifications for defined benefit income
Table of sections
Operative provisions
303-2 Effect of exceeding defined benefit income cap on assessable income
303-3 Effect of exceeding defined benefit income cap on tax offsets
303-4 Meaning of defined benefit income cap
Operative provisions
303-2 Effect of exceeding defined benefit income cap on assessable income
(1) Despite sections 301-10 and 302-65, if:
(a) during a *financial year, you receive one or more *superannuation income stream benefits:
(i) that are *defined benefit income; and
(ii) to which either section 301-10 or 302-65 applies; and
(b) the sum of all of those benefits (other than any *elements untaxed in the fund of those benefits) exceeds your *defined benefit income cap for the financial year;
50% of that excess is assessable income.
(2) Defined benefit income is a *superannuation income stream benefit that is paid from a *capped defined benefit income stream.
303-3 Effect of exceeding defined benefit income cap on tax offsets
Despite sections 301-100 and 302-85, if:
(a) during a *financial year, you receive one or more *superannuation income stream benefits:
(i) that are *defined benefit income; and
(ii) in relation to which you are entitled, or apart from this section you would be entitled, to one or more *tax offsets under section 301-100 or 302-85; and
(b) the sum of all of the superannuation income stream benefits you receive during the financial year:
(i) that are defined benefit income; and
(ii) to which section 301-10, 301-100, 302-65 or 302-85 applies;
exceeds your *defined benefit income cap for the financial year;
the sum of those tax offsets is reduced (but not below zero) by an amount equal to 10% of that excess.
303-4 Meaning of defined benefit income cap
(1) Your defined benefit income cap for a *financial year is the following amount (rounded up to the nearest dollar):
(2) Despite subsection (1) of this section, if a particular day in a *financial year is the first day in relation to which section 301-10, 301-100, 302-65 or 302-85:
(a) applies to you; or
(b) would apart from this Subdivision apply to you;
your defined benefit income cap for the financial year is the following amount (rounded up to the nearest dollar):
(3) Despite subsections (1) and (2) of this section, if:
(a) in a case where subsection (1) applies - during the *financial year, you receive any amounts of *defined benefit income to which none of sections 301-10, 301-100, 302-65 and 302-85 apply; or
(b) in a case where subsection (2) applies - during the financial year, you receive after the day mentioned in that subsection any amounts of defined benefit income to which none of sections 301-10, 301-100, 302-65 and 302-85 apply;
your defined benefit income cap for the financial year under subsection (1) or (2) (as the case requires) is reduced by the sum of those amounts.
Subdivision 303-B - Other special circumstances
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