Document ID: chunk:federal_register_of_legislation:C2013A00082:clause:3_3:p4
Version: federal_register_of_legislation:C2013A00082
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 4/4)
Character Range: 59782–62173

as issued by the Commissioner;
 (b) if the individual or Commissioner requests the *superannuation provider, in writing, to pay a specified amount in relation to the release authority—that amount;
 (c) the sum of the amounts covered by subsection (2) for each *superannuation interest (other than a *defined benefit interest) held by the superannuation provider for the individual in *superannuation plans.
 (2) The amount covered by this subsection for a *superannuation interest at a particular time is the total amount of all the *superannuation lump sums that could be payable from the interest at that time.

135‑90  How the Commissioner applies amounts received under a release authority
 (1) If the Commissioner receives a payment under a release authority, it is taken for the purposes of Part IIB to have been received in respect of a current or anticipated tax debt of the individual.
Note: Part IIB is about running balance accounts and the application of payments and credits.

Exception for voluntary payments of Division 293 tax debt account
 (2) However, if the Commissioner receives the payment under a release authority issued under item 2 of the table in subsection 135‑10(1) in respect of a *superannuation interest, the payment is to be treated as if it were a voluntary payment under section 133‑70 in relation to the debt account for that interest.

Commissioner to notify individual if payment received
 (3) If:
 (a) the release authority was given by the Commissioner in accordance with section 135‑45; and
 (b) the payment is made to the Commissioner;
the Commissioner must, as soon as possible, give the individual written notice that the payment has been made.

135‑95  Defined benefit interests—releasing amounts to pay debt account discharge liability
  The exclusion of *defined benefit interests from subsection 135‑75(4) and paragraph 135‑85(1)(c) is to be disregarded for a release authority issued under item 3 of the table in subsection 135‑10(1) (about debt account discharge liability).

135‑100  Income tax treatment of amounts released—proportioning rule does not apply
  Section 307‑125 of the Income Tax Assessment Act 1997 (the proportioning rule) does not apply to a payment made as required or permitted under this Division.
Note: Further provisions about the income tax treatment of amounts released are in sections 303‑20 and 304‑20 of that Act.