Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_8:p4
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 4/11)
Character Range: 207876–210839

(a) the regulations specify an alternative method for determining those components of the benefit;
 (b) a determination under subsection (5) specifies an alternative method for determining those components of the benefit;
 (c) the Commissioner consents in writing to the use of another method for determining those components of the benefit.
If so, use that method to determine those components of the benefit.

 (5) For the purposes of paragraph (4)(b), the Commissioner may determine, by legislative instrument, one or more alternative methods for determining those components of a *superannuation benefit.

 (6) If the *superannuation benefit is an *unclaimed money payment or a *small superannuation account payment, for the purposes of this section:
 (a) treat the benefit as a superannuation benefit paid from a *superannuation interest; and
 (b) treat the amount of the benefit as the *value of that superannuation interest just before the time the benefit is paid.

307‑130  Superannuation guarantee payment consists entirely of taxable component

  The components of a *superannuation benefit that is a *superannuation guarantee payment are as follows:
 (a) the *tax free component is nil;
 (b) the *taxable component is the amount of the benefit.

307‑135  Superannuation co‑contribution benefit payment consists entirely of tax free component

  The components of a *superannuation benefit that is a *superannuation co‑contribution benefit payment are as follows:
 (a) the *tax free component is the amount of the benefit;
 (b) the *taxable component is nil.

307‑140  Contributions‑splitting superannuation benefit consists entirely of taxable component

  The components of a *superannuation benefit that is a *contributions‑splitting superannuation benefit are as follows:
 (a) the *tax free component is nil;
 (b) the *taxable component is the amount of the benefit.

307‑145  Modification for disability benefits

 (1) Work out the tax free component of the *superannuation benefit under subsection (2) if the benefit is a *superannuation lump sum and a *disability superannuation benefit.

 (2) The tax free component is the sum of:
 (a) the *tax free component of the benefit worked out apart from this section; and
 (b) the amount worked out under subsection (3).
However, the tax free component cannot exceed the amount of the benefit.

 (3) Work out the amount by applying the following formula:
where:

days to retirement is the number of days from the day on which the person stopped being capable of being *gainfully employed to his or her *last retirement day.

service days is the number of days in the *service period for the lump sum.

 (4) The balance of the *superannuation benefit is the taxable component of the benefit.

307‑150  Modification in respect of superannuation lump sum with element untaxed in fund

 (1) This section applies to a *superannuation lump sum if:
 (a) it is not a *roll‑over superannuation benefit; or