Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p1
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/8)
Character Range: 1039034–1042069

3                                                     (a) you satisfy a condition of release, with a nil cashing restriction, of benefits specified in a standard referred to in paragraph 31(2)(h) of the Superannuation Industry (Supervision) Act 1993; and  you or your *legal personal representative (as applicable).
                                                      (b) you or your *legal personal representative has notified the Commissioner of this in the *approved form

 (4) The Commissioner must pay the equivalent amount:
 (a) in accordance with the item of the table that is the first to so apply; and
 (b) within 30 *business days after the day that item starts to so apply.

Division 133—Division 293 tax

Table of Subdivisions
 Guide to Division 133
133‑A Deferral determination
133‑B Debt account
133‑C Compulsory payment

Guide to Division 133

133‑1  What this Division is about

      Payment of Division 293 tax is deferred to the extent to which the tax is attributable to defined benefit interests from which no superannuation benefit has yet become payable.
      This reflects the fact that money generally cannot be released from defined benefit interests until a superannuation benefit is paid, usually upon retirement.

Subdivision 133‑A—Deferral determination

Guide to Subdivision 133‑A

133‑5  What this Subdivision is about
      The Commissioner determines the amount of your tax that is deferred to a debt account by working out the extent to which your assessed tax is attributable to defined benefit interests.

Table of sections

Operative provisions
133‑10 Determination of tax that is deferred to a debt account
133‑15 Defined benefit tax
133‑20 How to attribute the defined benefit tax to defined benefit interests
133‑25 Determination reducing tax deferred to a debt account
133‑30 General provisions applying to determinations under this Subdivision

Operative provisions

133‑10  Determination of tax that is deferred to a debt account
 (1) The Commissioner must make a determination specifying the amount the Commissioner has ascertained as being the extent to which your *assessed Division 293 tax for an income year is *defined benefit tax attributable to a *superannuation interest.
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: For general provisions, including review, see section 133‑30.
 (2) The amount of *assessed Division 293 tax specified in the determination is deferred to a debt account for the *superannuation interest.
 (3) However, the Commissioner must not make a determination under this section in relation to a *superannuation interest if, at the time the determination is to be made, the *end benefit for the superannuation interest has become payable.
Note: For the meaning of end benefit, see section 133‑130.
 (4) Subsection (1) does not apply if the Commissioner ascertains that no part of your *assessed Division 293 tax for an income year is *defined benefit tax attributable to a *superannuation interest.