Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p30
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 30/33)
Character Range: 4752011–4754814

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.

306‑12  Involuntary roll‑over superannuation benefit
  A *roll‑over superannuation benefit is an involuntary roll‑over superannuation benefit if it is:
 (a) a payment transferring a *superannuation interest of:
 (i) a member of a *superannuation fund; or
 (ii) a depositor with an *approved deposit fund; or
 (iii) a holder of an *RSA;
  to a *successor fund (other than a *self managed superannuation fund) without the consent of the member, depositor or holder; or
 (b) a payment transferring an *accrued default amount of a member (within the meaning of the Superannuation Industry (Supervision) Act 1993) of a *complying superannuation fund to another complying superannuation fund:
 (i) as a result of an election under paragraph 29SAA(1)(b) of that Act; or
 (ii) under section 388 of that Act;
  if:
 (iii) that member becomes a member (within the meaning of that Act) of the other fund immediately after the transfer; and
 (iv) the transfer happens during the period beginning on 1 July 2015 and ending on 1 July 2017; or
 (c) a payment of consideration for the issue to a person of a beneficial interest in an eligible rollover fund (within the meaning of the Superannuation Industry (Supervision) Act 1993) in accordance with an application on behalf of that person under section 243 of that Act.

306‑15  Tax on excess untaxed roll‑over amounts
 (1) This section applies to a *superannuation benefit if:
 (a) it is a *roll‑over superannuation benefit that is paid into a *superannuation plan; and
 (b) you are taken to receive the benefit under section 307‑15; and
 (c) the benefit consists of, or includes, an amount that is an *element untaxed in the fund; and
 (d) the amount mentioned in paragraph (c) exceeds your *untaxed plan cap amount (see section 307‑350), for the superannuation plan from which the benefit is paid, just before you are taken to receive the benefit.
Note: To work out your untaxed plan cap amount in relation to an unclaimed money payment from the Commissioner, see subsection 307‑350(2B).