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INCOME TAX ASSESSMENT ACT 1997 - SECT 294.80

Transfer balance debits

  (1)   The following table sets out when a debit arises in your * transfer balance account and the amount of the debit. The debit is called a transfer balance debit .

 

Debits in the transfer balance account

Item

If:

A debit of:

Arises:

1

you receive a * superannuation lump sum because a * superannuation income stream of which you are a * retirement phase recipient is commuted, in full or in part

the amount of the superannuation lump sum

at the time you receive the superannuation lump sum

2

a * structured settlement contribution is made in respect of you

the amount of the contribution

at the later of:

(a) the time the contribution is made; and

(b) the start of the day you first start to have a * transfer balance account

3

a * transfer balance debit arises under section   294 - 85 because of an event that results in reduced superannuation

the amount of the debit specified in section   294 - 85

at the time provided by section   294 - 85

4

a * transfer balance debit arises under section   294 - 90 because of a payment split

the amount of the debit specified in section   294 - 90

at the time provided by section   294 - 90

5

a * superannuation income stream of which you are a * retirement phase recipient stops being in the * retirement phase under subsection   307 - 80(4)

the * value of the * superannuation interest that supports the superannuation income stream at the end of the period within which the commutation authority mentioned in that subsection was required to be complied with

at the end of the period within which the commutation authority mentioned in that subsection was required to be complied with

6

a * superannuation income stream of which you were a * retirement phase recipient stops being a superannuation income stream that is in the * retirement phase at a time (the stop time ), but items   1 and 5 do not apply

the * value of the * superannuation interest that supported the superannuation income stream just before the stop time

at the stop time

7

the Commissioner gives you a notice under section   136 - 70 in Schedule   1 to the Taxation Administration Act 1953 (about non - commutable excess transfer balance)

the amount of the * excess transfer balance stated in the notice

at the time the Commissioner issues the notice

8

a * transfer balance debit arises under regulations made for the purposes of this item

the amount of the debit worked out in accordance with the regulations

at the time specified in the regulations

Structured settlement contributions

  (2)   Each of the following is a structured settlement contribution in respect of you:

  (a)   a contribution to a * complying superannuation plan in respect of you that is covered under section   292 - 95 (about structured settlements or orders for personal injuries);

  (b)   a contribution to a complying superannuation plan in respect of you that would be covered under section   292 - 95 if:

  (i)   the section applied to contributions made before 10   May 2006; and

  (ii)   paragraphs 292 - 95(1)(b) and (d) were disregarded.

Regulations may provide for exceptions

  (3)   The regulations may provide that an item of the table in subsection   (1) does not apply to a class of * superannuation income streams specified in the regulations.



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