Commonwealth Consolidated Regulations

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INCOME TAX ASSESSMENT (1997 ACT) REGULATIONS 2021 - REG 294.80.02A

Debit in transfer balance account--commutation of certain capped defined benefit income streams

  (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 receive a superannuation lump sum because a capped defined benefit income stream (the commuted stream ) covered by any of items   1 to 7 of the table in subsection   294 - 130(1) of the Act is commuted, in full or in part, on or after 1   July 2017; and

  (b)   the superannuation lump sum is transferred directly to the purchase of a superannuation income stream (the commenced stream ) that is covered by an item of the table in subsection   294 - 25.02(1) of this instrument and is in the retirement phase.

  (2)   The amount of the debit is the amount worked out under item   1 of the table in subsection   294 - 80(1) of the Act (as it applies in relation to a capped defined benefit income stream under section   294 - 145 of the Act) for the commuted stream as if that item applied to the commuted stream.

  (3)   The debit arises at the later of:

  (a)   immediately after the commencement of the Treasury Laws Amendment (Allowing Commutation of Certain Income Streams) Regulations   2022 ; and

  (b)   immediately after the commutation occurs.

  (4)   For the purposes of subsection   294 - 80(3) of the Act, item   1 of the table in subsection   294 - 80(1) of the Act does not apply to capped defined benefit income streams that are commuted in circumstances resulting in transfer balance debits arising under this section.



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