Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_8:p2
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/11)
Character Range: 202314–205414

interest in the same plan, treat the transfer as a payment in determining whether the transfer of the amount is a superannuation benefit or a roll‑over superannuation benefit.

307‑10  Payments that are not 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 perform normal employment duties;
 (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).

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

307‑65  Meaning of superannuation lump sum

  A superannuation lump sum is a *superannuation benefit that is not a *superannuation income stream benefit (see section 307‑70).

307‑70  Meaning of superannuation income stream and superannuation income stream benefit

 (1) A superannuation income stream benefit is a *superannuation benefit specified in the regulations that is paid from a *superannuation income stream.

 (2) A superannuation income stream has the meaning given by the regulations.

Subdivision 307‑C—Components of a superannuation benefit

Table of sections

307‑120 Components of superannuation benefit
307‑125 Proportioning rule
307‑130 Superannuation guarantee payment consists entirely of taxable component
307‑135 Superannuation co‑contribution benefit payment consists entirely of tax free component
307‑140 Contributions‑splitting superannuation benefit consists entirely of taxable component
307‑145 Modification for disability benefits
307‑150 Modification in respect of superannuation lump sum