Treasury Laws Amendment (2022 Measures No. 4) Act 2023 (29 of 2023)

Schedule 9   Taxation of military superannuation benefits: Reversing the Douglas decision

Income Tax Assessment (1997 Act) Regulations 2021

1   After paragraph 307-70.02(1)(b)

Insert:

(ba) an income stream in respect of which these conditions are satisfied:

(i) the income stream is a defined benefit pension within the meaning of regulation 1.03 of the SIS Regulations; and

(ii) the income stream commenced on or after 20 September 2007; and

(iii) the income stream is provided by a defined benefit fund (within the meaning of regulation 1.03 of the SIS Regulations), or an exempt public sector superannuation scheme (within the meaning of the SIS Act); and

(iv) if the income stream is provided by a defined benefit fund (within the meaning of regulation 1.03 of the SIS Regulations) that is not a public sector superannuation scheme - the fund or scheme has more than 6 members, or had more than 6 members at any time on or before the day the income stream commenced; and

(v) the income stream is not invalidity pay within the meaning of the Defence Force Retirement and Death Benefits Act 1973; and

(vi) the income stream is not an invalidity pension under the superannuation scheme established under the Military Superannuation and Benefits Act 1991; or


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

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