Commonwealth of Australia Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 304.15

Excess payments from release authorities

             (1)  This section applies to a * superannuation benefit that you receive, paid in relation to a release authority given in relation to you in accordance with section 292-410.

             (2)  The * superannuation benefit is not assessable income and is not * exempt income to the extent that it does not exceed the amount mentioned in subsection (3).

             (3)  The amount is the amount of * excess contributions tax stated in the release authority, reduced (but not below zero) by the amount of any * superannuation benefit that was not assessable income and not * exempt income under a previous operation of subsection (2) in relation to the release authority.

             (4)  The * superannuation benefit is assessable income to the extent (if any) that it exceeds the amount mentioned in subsection (3).


 

Table of Subdivisions

             Guide to Division 305

305-A   Superannuation benefits from Australian non-complying superannuation funds

305-B    Superannuation benefits from foreign superannuation funds

Guide to Division 305



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