Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 306.10

    A * superannuation benefit is a roll - over superannuation benefit if:

  (a)   the benefit is a * superannuation lump sum and a * superannuation benefit; and

  (b)   the benefit is not a superannuation benefit of a kind specified in the regulations; and

  (c)   the benefit satisfies any of the following conditions:

  (i)   it is paid from a * complying superannuation plan;

  (ii)   it is an * unclaimed money payment;

  (iii)   it arises from the commutation of a * superannuation annuity;

  (iv)   it is a payment under subsection   131 - 80(1) or (3) in Schedule   1 to the Taxation Administration Act 1953 ; and

  (d)   the benefit satisfies any of the following conditions:

  (i)   it is paid to a complying superannuation plan;

  (ii)   it is paid to an entity to purchase a superannuation annuity from the entity.

Note 1:   A superannuation benefit may be paid from one superannuation plan of a superannuation provider to another superannuation plan of the same provider.

Note 2:   For the treatment of amounts transferred within a superannuation plan, see subsection   307 - 5(8).

Note 3:   Subparagraph   (c)(iv) relates to payments when an entitlement to a credit ceases for a release authority relating to an FHSS determination.