Commonwealth Consolidated Regulations

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INCOME TAX ASSESSMENT (1997 ACT) REGULATIONS 2021 - REG 294.80.01

Debit in transfer balance account--reduction in amount of superannuation income stream benefit

  (1)   For the purposes of item   8 of the table in subsection   294 - 80(1) of the Act, a transfer balance debit arises under this section in your transfer balance account if:

  (a)   you are the retirement phase recipient of a superannuation income stream; and

  (b)   the superannuation income stream is a capped defined benefit income stream that:

  (i)   is covered by item   1 or 2 of the table in subsection   294 - 130(1) of the Act; or

  (ii)   is prescribed by section   294 - 130.01 of this instrument (but is not a superannuation income stream to which subsection   294 - 130.01(5) of this instrument applies); and

  (c)   you are entitled to receive a superannuation income stream benefit (the earlier benefit ) from the superannuation income stream at a time (the earlier time ); and

  (d)   the amount of the next superannuation income stream benefit (the later benefit ) that you are entitled to receive from the superannuation income stream falls short of the amount of the earlier benefit; and

  (e)   that shortfall is not attributable to any of the following:

  (i)   circumstances that cause a transfer balance debit to arise in your transfer balance account (other than because of this section);

  (ii)   a CPI adjustment in the amount of superannuation income stream benefits that you are entitled to receive from the superannuation income stream.

  (2)   The amount of the debit is:

  (a)   the special value, just before the earlier time, of the superannuation interest that supports the superannuation income stream; less

  (b)   the special value, just before the time (the later time ) at which you are entitled to receive the later benefit, of that superannuation interest.

  (3)   The debit arises at the later time.



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