Income Tax Assessment Amendment Regulations 2008 (No. 3) (144 of 2008)

Schedule 1   Amendment commencing on the day after registration

[1]   Regulation 306-10.01

substitute

306-10.01 Roll-over superannuation benefit

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.


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).