Commonwealth Consolidated Regulations

INCOME TAX ASSESSMENT REGULATIONS 1997 - REG 306.10.01

                For paragraph 306-10 (b) of the Act, a kind of superannuation benefit is:

                (a)    a benefit to which the following requirements exist:

                          (i)    the benefit arises from the commutation of a superannuation income stream paid to a person ( person 1 ) because of the death of another person ( person 2 ); and

                         (ii)    person 1 was not the spouse of person 2 at the time of person 2's death; or

               (b)    a benefit to which section 303 -10 of the Act, or section 303-10 of the Income Tax (Transitional Provisions) Act 1997 , applies .

Note    Under section 306-10 of the Act, a superannuation benefit is a roll-over superannuation benefit if it meets the requirements specified in the section. One of the requirements is that the benefit is not a superannuation benefit of a kind specified in the Regulations.

Subdivision 307-C      Components of a superannuation benefit