Document ID: chunk:federal_register_of_legislation:C2025C00029:section:9:p2
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 9 (pt 2/7)
Character Range: 4771525–4774384

superannuation benefits
  A payment of any of the following kinds is not a superannuation benefit:
 (a) an amount payable to a person under an income stream because of the person's temporary inability to engage in *gainful employment;
 (aa) a benefit to which subsection 26AF(1) or 26AFA(1) of the Income Tax Assessment Act 1936 applies;
 (ab) an amount required by the Bankruptcy Act 1966 to be paid to a trustee;
 (b) an amount:
 (i) received by you, or to which you are entitled, as the result of the commutation of a pension payable from a *constitutionally protected fund; and
 (ii) wholly applied in paying any superannuation contributions surcharge (as defined in section 38 of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997);
 (c) an amount:
 (i) received by you, or to which you are entitled, as the result of the commutation of a pension payable by a superannuation provider (within the meaning of the Superannuation Contributions Tax (Assessment and Collection) Act 1997); and
 (ii) wholly applied in paying any superannuation contributions surcharge (as defined in section 43 of that Act);
 (d) a payment of a pension or an *annuity from a *foreign superannuation fund;
 (e) a payment that:
 (i) is paid by the *superannuation provider of a *superannuation fund at your direction or request; and
 (ii) relates directly to personal advice (within the meaning of the Corporations Act 2001) provided to you in relation to your interest in the fund.

307‑15  Payments for your benefit or at your direction or request
 (1) This section applies for the purposes of:
 (a) determining whether a payment is a superannuation benefit; and
 (b) determining whether a *superannuation benefit is made to you, or received by you.
 (2) A payment is treated as being made to you, or received by you, if it is made:
 (a) for your benefit; or
 (b) to another person or to an entity at your direction or request.
Note: Paragraph (b) would cover, for example, a direction by you that a payment be rolled over from your original superannuation fund into another superannuation fund.

Subdivision 307‑B—Superannuation lump sums and superannuation income stream benefits

Table of sections
307‑65 Meaning of superannuation lump sum
307‑70 Meaning of superannuation income stream and superannuation income stream benefit
307‑75 Meaning of retirement phase superannuation income stream benefit
307‑80 When a superannuation income stream is in the retirement phase

307‑65  Meaning of superannuation lump sum
 (1) A superannuation lump sum is a *superannuation benefit that is not a *superannuation income stream benefit (see section 307‑70).
 (2) Treat a lump sum payment arising from a partial commutation of a *superannuation income stream as a superannuation lump sum for the purposes