Compilation #5 | Effective 2016-12-02
FRBR Work URI: /akn/au/act/2007/13
This Act may be cited as the Superannuation (Departing Superannuation Payments Tax) Act 2007.
This Act commences on 1 July 2007.
In this Act:
departing superannuation payment has the same meaning as in the Income Tax Assessment Act 1997.
element taxed in the fund has the same meaning as in the Income Tax Assessment Act 1997.
element untaxed in the fund has the same meaning as in the Income Tax Assessment Act 1997.
excess untaxed roll-over amount has the same meaning as in the Income Tax Assessment Act 1997.
roll-over superannuation benefit has the same meaning as in the Income Tax Assessment Act 1997.
taxable component has the same meaning as in the Income Tax Assessment Act 1997.
tax free component has the same meaning as in the Income Tax Assessment Act 1997.
Tax payable on a departing superannuation payment under subsection 301-175(2) of the Income Tax Assessment Act 1997 is imposed.
The amount of the tax is as follows:
for the tax free component of the departing superannuation payment—nil;
for the element taxed in the fund of the taxable component of the departing superannuation payment—35%;
for the element untaxed in the fund of the taxable component of the departing superannuation payment—45%.
(2) However, if the departing superannuation payment is a roll-over superannuation benefit paid under subsection 20H(2), (2AA) or (2A) of the Superannuation (Unclaimed Money and Lost Members) Act 1999, the amount of the tax for the element untaxed in the fund of the taxable component of the payment is:
for the amount (if any) of the element that is not an excess untaxed roll-over amount—45%; and
for the amount (if any) of the element that is an excess untaxed roll-over amount—nil.
Note: The tax for the excess untaxed roll-over amount is set at nil to avoid double taxation of that amount, which is also subject to tax under the Superannuation (Excess Untaxed Roll-over Amounts Tax) Act 2007.
Despite subsections (1) and (2), if the departing Australia superannuation payment:
is paid to a person on or after 1 July 2017; and
(b) includes amounts attributable to superannuation contributions made while the person was a working holiday maker (within the meaning of the Income Tax Rates Act 1986);
those subsections apply as if the percentages in paragraphs (1)(b) and (c) and (2)(a) were 65%.
This section applies to departing Australia superannuation payments received in a temporary budget repair levy year.
Increase:
the percentage mentioned in paragraph 5(1)(b) by 3 percentage points; and
the percentage mentioned in paragraph 5(1)(c) by 2 percentage points; and
the percentage mentioned in paragraph 5(2)(a) by 2 percentage points.
In this section:
temporary budget repair levy year has the same meaning as in section 4-11 of the Income Tax (Transitional Provisions) Act 1997.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history