(gab) decisions of the Commissioner of Taxation under Subdivision 136-A in Schedule 1 to the Taxation Administration Act 1953;

1 July 2017; and

the day you first start to be a *retirement phase recipient of a *superannuation income stream.

the superannuation income stream is in the *retirement phase at that time; and

a *superannuation income stream benefit from the superannuation income stream is payable to you at that time.

the superannuation income stream is in the *retirement phase at that time; and

the superannuation income stream is a *deferred superannuation income stream; and

a *superannuation income stream benefit from the superannuation income stream will be payable to you after that time.

starting on the day the Commissioner makes an *excess transfer balance determination in respect of you; and

ending on:

unless subparagraph (ii) applies—the first day on which the sum of all *transfer balance debits arising in your *transfer balance account since the determination was issued equals or exceeds the *crystallised reduction amount; or

if a *transfer balance credit arises in your transfer balance account before the day mentioned in subparagraph (i)—the day on which that credit arises.

the sum of the *transfer balance credits in the account at that time; less

the sum of the *transfer balance debits (if any) in the account at that time.

for the 2017-2018 *financial year—$1,600,000; or

for the 2018-2019 financial year or a later financial year—the amount worked out by indexing annually the amount mentioned in paragraph (a).

the *general transfer balance cap is increased as a result of indexation for the financial year; and

at no time before the start of that financial year has the *transfer balance in your transfer balance account at the end of a day exceeded your transfer balance cap.

identifying the highest *transfer balance in your *transfer balance account at the end of any day up to the end of the previous *financial year; and

identifying the day on which the transfer balance account had that transfer balance at the end of the day, or, if your transfer balance account had that transfer balance at the end of more than one day, the earliest of those days; and

expressing the transfer balance identified in paragraph (a) as a percentage (rounded down to the nearest whole number) of your *transfer balance cap on the day identified in paragraph (b); and

subtracting the result of paragraph (c) from 100%.

assume that an income stream will properly comply with any rules or standards under which it is, or is purported to be, provided; and

disregard subsection 307-80(4).

whether you are the *retirement phase recipient of a *superannuation income stream; and

whether a *transfer balance credit arises in your *transfer balance account.

a contribution to a *complying superannuation plan in respect of you that is covered under section 292-95 (about structured settlements or orders for personal injuries);

a contribution to a complying superannuation plan in respect of you that would be covered under section 292-95 if:

the section applied to contributions made before 10 May 2006; and

paragraphs 292-95(1)(b) and (d) were disregarded.

subsection (2) or (5) provides that the debit arises; and

you notify the Commissioner in the *approved form that the debit has arisen.

a loss is suffered by a *superannuation income stream provider; and

as a result, the *value of the *superannuation interest that supports a *superannuation income stream of which you are the *retirement phase recipient is reduced; and

the loss is a result of fraud or dishonesty; and

an individual has been convicted of an offence involving that fraud or dishonesty.

(a) an amount is paid in compliance with a notice given under Bankruptcy Act 1966; andsection 139ZQ of the

as a result, the *value of a *superannuation interest that supports a *superannuation income stream of which you are the *retirement phase recipient is reduced.

subsection (2) provides that the debit arises; and

the Commissioner is notified in the *approved form that the debit has arisen.

a *superannuation interest is subject to a *payment split but remains an interest of the *member spouse; and

the superannuation interest supports a *superannuation income stream that is in the *retirement phase; and

as a result of the payment split, a proportion of all *superannuation income stream benefits from the income stream is to be paid to a *non-member spouse; and

as a result, the member spouse and the non-member spouse are both *retirement phase recipients of the superannuation income stream.

if you are the *member spouse—the proportion mentioned in paragraph (2)(c); and

if you are the *non-member spouse—the remaining proportion;

(a) the operative time (within the meaning of Family Law Act 1975) for the *payment split; andPart VIIIB of the

at the start of the day you first start to have a *transfer balance account.

a debit that arises under item 1 of the table in subsection 294-80(1) (about commutations), but only if the commuted income stream is a *capped defined benefit income stream;

a debit that arises under item 3 of that table (about events that result in reduced superannuation);

a debit that arises under item 5 or 6 of that table (about income streams that stop being in the retirement phase).

covered by an item of the following table; and

if it is covered by any of items 2 to 7 of that table—it is in the *retirement phase just before 1 July 2017.

dividing the amount of the first *superannuation income stream benefit you are entitled to receive from the income stream just after that time by the number of whole days to which that benefit relates; and

multiplying the result by 365.

exceeds your *transfer balance cap at that time; and

exceeds your capped defined benefit balance from subsection (3) of this section at that time.

the sum of the *transfer balance credits in your *transfer balance account at that time in respect of *capped defined benefit income streams; less

the sum of the *transfer balance debits (if any) in your transfer balance account at that time in respect of capped defined benefit income streams.

for a commutation in full—the *debit value, just before the superannuation lump sum is paid, of the *superannuation interest that supports the capped defined benefit income stream; or

for a commutation in part—the debit value mentioned in paragraph (a), multiplied by the fraction:

the amount of the *transfer balance credit that arose in your *transfer balance account in respect of the income stream; less

the amount of any *transfer balance debits (apart from debits arising under item 4 of the table in subsection 294-80(1)) that have arisen in your transfer balance account in respect of the income stream before that time.

because of the death of a person, you are a *retirement phase recipient of the superannuation income stream; and

you are a *child, and a *death benefits dependant, of the deceased; and

(c) you are covered by paragraph 6.21(2A)(b) of the Superannuation Industry (Supervision) Regulations 1994 or paragraph 4.24(3A)(b) of the Retirement Savings Accounts Regulations 1997 (which are about children who are under age 18, or under age 25 and financially dependent or who have a disability).

just before that time, you were a *child recipient of one or more *superannuation income streams; and

just after that time, you are no longer a child recipient of any superannuation income stream; and

no *transfer balance credits arose in the transfer balance account in respect of a superannuation income stream of which you were a *retirement phase recipient, but not a child recipient.

the sum of the cap increments that have arisen under this Subdivision on and before that day; and

your transfer balance cap for the *financial year in which the day falls, worked out disregarding:

any cap increments that arise under this Subdivision; and

any *transfer balance credits or *transfer balance debits that have arisen in your *transfer balance account in respect of superannuation income streams of which you are a child recipient.

(a) on a day (the starting day) on or after 1 July 2017, you start to be the *child recipient of a *superannuation income stream; and

the deceased did not have a *transfer balance account just before death.

the *general transfer balance cap, unless paragraph (b) applies; or

(b) if you are not the only person to receive a *superannuation death benefit because of the death of the person—the proportion of the general transfer balance cap that corresponds to your share of the deceased’s *superannuation interests.

(a) on a day (the starting day) on or after 1 July 2017, you start to be the *child recipient of a *superannuation income stream; and

the deceased had a *transfer balance account just before death.

(a) in part (the retirement phase part) attributable to a superannuation interest of the deceased that was in the *retirement phase; and

(b) in part attributable to a superannuation interest of the deceased that was not in the retirement phase;

the proportion of the excess transfer balance that corresponds to your share of the deceased’s *superannuation interests that were in the *retirement phase; less

the amount of any *superannuation lump sum paid to you, because of the death of the person from a superannuation interest of the deceased that was in the retirement phase.

on the starting day, unless paragraph (b) applies; or

if you are a reversionary beneficiary—at the end of the period of 12 months beginning on the starting day.

a superannuation interest of the deceased was in the *retirement phase; and

on or after the death of the deceased, an amount of investment earnings is added to the superannuation interest;

your *excess transfer balance earnings for each day in the *excess transfer balance period; and

(b) for each day in the excess transfer balance period that is also a day in the period mentioned in subsection 294-25(2) (the determination period)—the amount worked out by multiplying the rate mentioned in subsection 294-235(2) for the day by the sum of your excess transfer balance earnings for each previous day in the determination period.

(a) the rate worked out under subsection 8AAD(1) of the Taxation Administration Act 1953 for the day; and

a rate determined under subsection (3) for the day.

begins on the day on which the amount was due to be paid; and

ends on the last day on which, at the end of the day, any of the following remains unpaid:

the assessed excess transfer balance tax;

general interest charge on any of the assessed excess transfer balance tax.

Division 390;

subsection 136-80(1); or

section 390-5 in that Schedule; or

section 390-20 in that Schedule;

section 390-5 in that Schedule; or

section 390-20 in that Schedule;

a determination under subsection 136-10(1) in Schedule 1 to this Act (about excess transfer balance);

stating that, if you do not make an election under the Commissioner will issue one or more commutation authorities; andsection 136-20 within the period specified in that section,

specifying:

the *superannuation income stream provider or providers to whom a commutation authority will be issued; and

the *superannuation income stream or streams that the providers will be obliged to commute in full or in part; and

if more than one commutation authority will be issued—the amount to be stated in each commutation authority, or the method the Commissioner will use to work out the amount to be stated in each commutation authority.

you receive an *excess transfer balance determination under section 136-10; and

you are the *retirement phase recipient of 2 or more *superannuation income streams.

identifying the *superannuation income stream or streams to be commuted in full or in part and the *superannuation income stream provider for each such stream; and

if you identify more than one superannuation income stream—stating the amount to be commuted from each such income stream.

(a) be in the *approved form; and

be given to the Commissioner within:

60 days after the *excess transfer balance determination or amended excess transfer balance determination is issued; or

a further period allowed by the Commissioner.

beginning when the determination is made; and

ending at the earlier of:

the time you made an election under section 136-20; and

the end of the period within which an election under section 136-20 may be made.

an *excess transfer balance determination has been issued to you; and

the excess transfer balance determination has not been revoked; and

the period mentioned in subsection 136-20(4) has ended; and

(d) an amount (the commutable amount) greater than nil remains after reducing the *crystallised reduction amount by the sum of any *transfer balance debits notified to the Commissioner under section 136-25.

specify the *superannuation income stream that the *superannuation income stream provider is to commute, in full or in part; and

(b) state the amount (the reduction amount) by which the superannuation income stream is to be reduced; and

be dated; and

contain any other information that the Commissioner considers relevant.

(a) a commutation authority (the original commutation authority) was issued under section 136-55; and

the *superannuation income stream provider to which the original commutation authority was issued:

paid a *superannuation lump sum that fell short of the reduction amount stated in the original commutation authority; or

did not comply with the original commutation authority.

the commutable amount mentioned in subsection 136-55(1); and

the sum of:

any *superannuation lump sums notified to the Commissioner under section 136-85 in respect of the determination; and

(ii) any *transfer balance debits arising in your *transfer balance account under item 5 of the table in subsection 294-80(1) of the Income Tax Assessment Act 1997 because of any original commutation authority.

the sum of all *transfer balance debits arising in your *transfer balance account since the determination was issued falls short of the *crystallised reduction amount; and

you have *excess transfer balance in your transfer balance account; and

either:

the only *superannuation income streams of which you are a *retirement phase recipient are *capped defined benefit income streams; or

you are no longer a retirement phase recipient of any superannuation income stream.

the reduction amount stated in the commutation authority; and

the *maximum available release amount for the *superannuation interest that supports the specified superannuation income stream.

pays a *superannuation lump sum in accordance with the commutation authority; or

chooses under subsection 136-80(2) not to comply with the commutation authority.

the *Division 293 tax payable by you in relation to an income year in relation to your *taxable contributions for the income year;

the *excess transfer balance tax payable by you for an *excess transfer balance period.

you are required to give a notice to an entity (other than the Commissioner) in the *approved form by a particular day under any of the following provisions:

section 96-42 (about releasing superannuation);

section 136-90 (about commutation authorities); and

may ask a *life insurance company that has given information in a statement under the trustee the same information; andsection 390-20 in relation to the individual to give the individual or

may ask the superannuation provider or life insurance company to give the information in writing.

the individual held:

an *exempt life insurance policy that provides for an *annuity that is a *superannuation income stream that is in the *retirement phase; or

(ii) a *life insurance policy covered by paragraph (b) of the definition of complying superannuation life insurance policy; and

the individual held the policy at any time during the period specified in the determination under subsection (3).

be in the *approved form; and

be given to the Commissioner on a day specified in the determination under subsection (3).

the period mentioned in subsection (1); and

the day on which a statement must be given to the Commissioner.

this section;

the determination.

the *life insurance company; and

the individual who holds the policy if:

the individual has quoted the individual’s tax file number to the life insurance company; or

a person has quoted the individual’s tax file number to the life insurance company (and had authority to do so).

during a *financial year, you receive one or more *superannuation income stream benefits:

that are *defined benefit income; and

to which either section 301-10 or 302-65 applies; and

the sum of all of those benefits (other than any *elements untaxed in the fund of those benefits) exceeds your *defined benefit income cap for the financial year;

during a *financial year, you receive one or more *superannuation income stream benefits:

that are *defined benefit income; and

in relation to which you are entitled, or apart from this section you would be entitled, to one or more *tax offsets under section 301-100 or 302-85; and

the sum of all of the superannuation income stream benefits you receive during the financial year:

that are defined benefit income; and

to which section 301-10, 301-100, 302-65 or 302-85 applies;

applies to you; or

would apart from this Subdivision apply to you;

in a case where subsection (1) applies—during the *financial year, you receive any amounts of *defined benefit income to which none of sections 301-10, 301-100, 302-65 and 302-85 apply; or

in a case where subsection (2) applies—during the financial year, you receive after the day mentioned in that subsection any amounts of defined benefit income to which none of sections 301-10, 301-100, 302-65 and 302-85 apply;

the only transfer balance credits in the account in that period arose under item 1 of the table in subsection 294-25(1) of that Act (which is about superannuation income streams you have just before 1 July 2017); and

the sum of those transfer balance credits exceeds your transfer balance cap, but is less than or equal to $1,700,000; and

at the end of the period, the sum of all the transfer balance debits arising in your transfer balance account equals or exceeds the amount of the excess from paragraph (b).

(a) the introduction of a transfer balance cap (as a result of Schedule 1 to the Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016);

the exclusion of transition to retirement income streams (and similar income streams) from being superannuation income streams in the retirement phase (as a result of Schedule 8 to that Act).

(a) starting on the start of the day on which the Bill that became the Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 was introduced into the House of Representatives; and

ending just before 1 July 2017.

at the start of the pre-commencement period, a CGT asset of a fund is a segregated current pension asset of the fund; and

(b) at a time (the cessation time) in the pre-commencement period, the asset ceases to be a segregated current pension asset of the fund; and

the fund held the CGT asset throughout the pre-commencement period (disregarding subsection (3)); and

the fund is a complying superannuation fund throughout the period:

starting at the start of the pre-commencement period; and

ending at the cessation time; and

the trustee of the fund makes a choice for the purposes of this paragraph in respect of the asset in accordance with subsection (2).

is to be in the approved form; and

can only be made on or before the day by which the trustee of the fund is required to lodge the fund’s income tax return for the 2016-17 income year; and

cannot be revoked.

to have sold, immediately before the cessation time, the asset for a consideration equal to its market value; and

to have purchased the asset again at the cessation time for a consideration equal to its market value.

the fund is a complying superannuation fund throughout the pre-commencement period; and

(b) the proportion mentioned in subsection 295-390(3) of the Income Tax Assessment Act 1997 in respect of the fund for the 2016-17 income year is greater than nil; and

the fund held the asset throughout the pre-commencement period; and

throughout the pre-commencement period, the asset:

was not a segregated current pension asset of the fund; and

was not a segregated non-current asset of the fund; and

the trustee of the fund makes a choice for the purposes of this paragraph in respect of the asset in accordance with subsection (2).

is to be in the approved form; and

can only be made on or before the day by which the trustee of the fund is required to lodge the fund’s income tax return for the 2016-17 income year; and

cannot be revoked.

to have sold, immediately before 1 July 2017, the asset for a consideration equal to its market value; and

to have purchased the asset again just after that sale for a consideration equal to its market value.

section 294-115 applies in relation to the CGT asset; and

as a result of paragraph 294-115(3)(a), the fund makes a capital gain in respect of the asset (disregarding this section); and

the trustee of the fund makes a choice for the purposes of this paragraph in respect of the asset in accordance with subsection (2).

is to be in the approved form; and

can only be made on or before the day by which the trustee of the fund is required to lodge the fund’s income tax return for the 2016-17 income year; and

cannot be revoked.

subsection (3) of this section does not apply; and

the fund made no capital gains in that income year other than the gain mentioned in paragraph (1)(b); and

the fund made no capital losses in that income year; and

the fund had no previously unapplied net capital losses from earlier income years.

treat the fund as having made a capital gain in that income year equal to the deferred notional gain; and

disregard section 102-20 of that Act in respect of that capital gain; and

treat that capital gain as not being a discount capital gain.

the sum of the transfer balance credits (if any) in your transfer balance account just after the start of 1 July 2017; less

the sum of the transfer balance debits (if any) arising in your transfer balance account on 1 July 2017 under item 4 of the table in subsection 294-80(1) of that Act (about payment splits).

for the 2017-2018 financial year—$25,000; or

for the 2018-2019 financial year or a later financial year—the amount worked out by indexing annually the amount mentioned in paragraph (a).

(c) it is not an amount mentioned in subsection 295-200(2); and

(d) it is not an amount mentioned in item 2 of the table in subsection 295-190(1).

table item 5.3 in section 50-25 (about income tax exemption for constitutionally protected funds); and

Subdivision 295-D (about excluded contributions).

if Subdivision 293-E applies to you for the income year corresponding to the financial year—disregard subsection 293-150(3); and

if Subdivision 293-F applies to you—disregard subsection 293-195(2).

contributions made in respect of you for the financial year to a *constitutionally protected fund that would (disregarding this section) be concessional contributions;

if any of your *notional taxed contributions for the financial year:

(i) are worked out under Income Tax (Transitional Provisions) Act 1997; orsection 291-170 of the

are not worked out under that section, but only because those notional taxed contributions did not meet the requirements of paragraph 291-170(2)(b) or (4)(b) of that Act;

if your *defined benefit contributions for the financial year (other than contributions and amounts covered by paragraph (a)) exceed your notional taxed contributions for the financial year—the amount of that excess;

(a) unless paragraph (b) applies—the amount (the general non-concessional contributions cap for the year) that is 4 times your *concessional contributions cap under subsection 291-20(2) for the year; or

if, immediately before the start of the year, your *total superannuation balance equals or exceeds the *general transfer balance cap for the year—nil.

your *non-concessional contributions for the first year exceed the general non-concessional contributions cap for that year; and

paragraph (2)(b) does not apply to you in relation to the first year; and

you are under 65 years at any time in the first year; and

a previous operation of subsection (6) or (7) does not determine your non-concessional contributions cap for the first year; and

(e) the difference (the first year cap space) between the *general transfer balance cap for the first year and your *total superannuation balance immediately before the start of the first year exceeds the general non-concessional contributions cap for the first year.

if the first year cap space does not exceed an amount equal to twice the general non-concessional contributions cap for the first year—twice the general non-concessional contributions cap for the first year; or

otherwise—3 times the general non-concessional contributions cap for the first year.

if:

your *total superannuation balance immediately before the start of the second year is less than the *general transfer balance cap for the second year; and

your *non-concessional contributions for the first year fall short of your cap for the first year (worked out under subsection (5));

otherwise—nil.

if:

your *total superannuation balance immediately before the start of the third year is less than the *general transfer balance cap for the third year; and

your *non-concessional contributions for the second year fall short of your cap for the second year (worked out under subsection (6));

if:

your total superannuation balance immediately before the start of the third year is less than the general transfer balance cap for the third year; and

your cap for the second year is nil; and

your non-concessional contributions for the first year fall short of your cap for the first year (worked out under subsection (5));

otherwise—nil.

you requested the Commissioner to allow a longer period under paragraph (1)(b); and

you are dissatisfied with:

a decision under that paragraph allowing a longer period; or

a decision the Commissioner makes not to allow a longer period;

(a) subject to subsection 14ZVC(3) of the Taxation Administration Act 1953, you may also object, on the ground that you are dissatisfied with such a decision, relating to all or part of your contributions for a *financial year:

(i) under Income Tax Assessment Act 1936 against an assessment made in relation to you for the corresponding income year; orsection 175A of the

(ii) under Taxation Administration Act 1953 against an *excess non-concessional contributions determination made in relation to you for the financial year; andsection 97-35 in Schedule 1 to the

(b) for the purposes of paragraph (e) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977, the making of a decision under paragraph (1)(b) of this section is a decision forming part of the process of making an assessment of tax, and making a calculation of charge, under this Act.

a determination made under this section in relation to you; or

a decision the Commissioner makes not to make such a determination;

(a) subject to subsection 14ZVC(3) of the Taxation Administration Act 1953, you may also object, on the ground that you are dissatisfied with such a determination or decision, relating to all or part of your *non-concessional contributions for a *financial year:

(i) under Income Tax Assessment Act 1936 against an assessment made in relation to you for the corresponding income year; orsection 175A of the

(ii) under Taxation Administration Act 1953 against an *excess non-concessional contributions determination made in relation to you for the financial year; andsection 97-35 in Schedule 1 to the

(b) for the purposes of paragraph (e) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977, the making of a determination under this section is a decision forming part of the process of making an assessment of tax, and making a calculation of charge, under this Act.

(a) your non-concessional contributions cap for the 2015-2016 financial year was worked out under subsection 292-85(4) of the Income Tax Assessment Act 1997; and

that year was a first year within the meaning of subsection 292-85(3) of that Act;

the amount worked out under subsection 292-85(5) of that Act as so amended were $460,000; and

subsection 292-85(6) of that Act as so amended had been applied (taking into account paragraph (c) of this subsection) for the purposes of working out your non-concessional contributions cap for the 2016-2017 financial year.

(a) your non-concessional contributions cap for the 2016-2017 financial year was worked out under subsection 292-85(4) of the Income Tax Assessment Act 1997; and

that year was a first year within the meaning of subsection 292-85(3) of that Act;

the person’s non-concessional contributions for the financial year corresponding to the income year do not exceed the person’s non-concessional contributions cap for the financial year; and

immediately before the start of that financial year, the person’s total superannuation balance is less than the general transfer balance cap for that financial year; and

the following provisions:

Part 2 of this Act (other than section 12);

this Part;

section 23 of this Act;

section 54 of this Act; and

any other law of the Commonwealth, to the extent that the other law relates to a provision mentioned in paragraph (a) of this subsection.

the person’s concessional contributions for the financial year that corresponds to the income year are for a financial year starting on or after 1 July 2017; and

(b) the person’s adjusted taxable income for the income year (worked out in accordance with Schedule 3 to the A New Tax System (Family Assistance) Act 1999 (disregarding clauses 3 and 3A of that Schedule)) does not exceed $37,000; and

the requirement in paragraph 6(1)(b) is satisfied in respect of the person in relation to the income year; and

the requirement in paragraph 6(1)(f) is satisfied in respect of the person in relation to the income year.

the person’s concessional contributions for the financial year that corresponds to the income year are for a financial year starting on or after 1 July 2017; and

12 months after the end of the income year, the Commissioner reasonably believes there is insufficient information to decide whether to make a determination under section 13 that a low income superannuation tax offset is payable under subsection (1) in respect of the person for the income year; and

the Commissioner estimates that:

(i) the person’s adjusted taxable income for the income year (worked out in accordance with Schedule 3 to the A New Tax System (Family Assistance) Act 1999 (disregarding clauses 3 and 3A of that Schedule)) does not exceed $37,000; and

10% or more of the person’s total income for the income year (disregarding subsections 8(2) and (3)) is attributable to the person engaging in activities covered under subsection 6(2); and

the requirement in paragraph 6(1)(f) is satisfied in respect of the person in relation to the income year.

unless paragraph (b) or (c) applies—15% of the total of the person’s concessional contributions for the financial year that corresponds to the income year; or

if the amount worked out under paragraph (a) exceeds $500—$500; or

if the amount worked out under paragraph (a) is less than $10—$10.

(a) contributions or amounts covered by paragraph 291-370(1)(a) of the Income Tax Assessment Act 1997 (about contributions or amounts in relation to constitutionally protected funds); and

any other amounts covered by paragraph 291-165(1)(c) of that Act.

there would be an underpaid amount as mentioned in section 19 in respect of the person’s low income superannuation tax offset for the income year; and

the underpaid amount would be less than $10;

there would be an amount overpaid as mentioned in section 24 in respect of the person’s low income superannuation tax offset for the income year; and

the amount overpaid would be less than $10;

the Commissioner obtains information after making the determination under section 13 that the tax offset was so payable; and

the Commissioner decides that, had the Commissioner obtained that information before making the determination, the Commissioner would not have made the determination.

is on the working of this Part during the financial year; and

includes, for the financial year to which the report relates, the prescribed details about beneficiaries of, and amounts of, low income superannuation tax offsets.

sections 24 and 25;

any other provision of that Act to the extent that it relates to the provisions mentioned in paragraph (a).

the fund must be a *complying superannuation fund, for the income year of the fund in which you made the contribution, that is not:

a *Commonwealth public sector superannuation scheme in which you have a *defined benefit interest; or

a superannuation fund that would not include the contribution in its assessable income under section 295-190; or

a superannuation fund of a kind prescribed by the regulations for the purposes of this subparagraph; and

the contribution must not be a contribution of a kind prescribed by the regulations that is made to a superannuation fund of a kind prescribed by the regulations for the purposes of this paragraph.

the *superannuation funds to which subparagraph (1)(a)(i), (ii) or (iii) applies for an income year; and

the kinds of contributions to which paragraph (1)(b) applies for an income year, and the superannuation funds to which those contributions have been or would be made.

(b) attributable to activities, or circumstances, that result in you being treated as an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (assuming that subsection 12(11) of that Act had not been enacted).

your *concessional contributions for the year would otherwise exceed your concessional contributions cap for the year; and

your *total superannuation balance just before the start of the financial year is less than $500,000; and

you have previously unapplied *unused concessional contributions cap for one or more of the previous 5 financial years.

your *spouse’s *non-concessional contributions for the *financial year corresponding to the income year exceed your spouse’s *non-concessional contributions cap for the financial year; or

immediately before the start of the financial year, your spouse’s *total superannuation balance equals or exceeds the *general transfer balance cap for the financial year.

any of these requirements are satisfied:

the fund is a *self managed superannuation fund at a time during the income year;

there are less than 5 *members of the fund at a time during the income year; and

at a time during the income year, there is at least one *superannuation interest in the fund that is in the *retirement phase; and

just before the start of the income year:

a person has a *total superannuation balance that exceeds $1.6 million; and

the person is the *retirement phase recipient of a *superannuation income stream (whether or not the fund is the *superannuation income stream provider for the superannuation income stream); and

at a time during the income year, the person has a superannuation interest in the fund (whether or not the superannuation interest is the superannuation interest mentioned in paragraph (b)).

(a) it is a pension (within the meaning of the Retirement Savings Accounts Act 1997); and

it is in the *retirement phase.

despite paragraphs (a) and (b), if the superannuation benefit arises from the commutation of a superannuation income stream:

if subparagraph (ii) does not apply—when the relevant superannuation income stream commenced; or

if the superannuation income stream is a *deferred superannuation income stream that had not commenced before the time the commutation happened—just before the time the commutation happened;

that provides for an *annuity that:

(i) is not an *immediate annuity; and

is a superannuation income stream that is in the retirement phase; or

a *life insurance policy issued by a *life insurance company becomes a policy referred to in subsection 320-190(1); and

immediately before the policy became a policy referred to in subsection 320-190(1), the policy was an *exempt life insurance policy;

(a) starting on the start of the day on which the Bill that became the Treasury Laws Amendment (2017 Measures No. 2) Act 2017 was introduced into the House of Representatives; and

ending just before 1 July 2017.

paid because of the death of a person that occurred on or after 1 July 2017; or

paid on or after 1 July 2019.

an excess concessional contributions determination or excess non-concessional contributions determination; or

a notice of assessment of an amount of Division 293 tax.

an *excess concessional contributions determination for the financial year;

an *excess non-concessional contributions determination for the financial year;

a notice of assessment of an amount of *Division 293 tax payable for the income year that corresponds to the financial year.

notifying the Commissioner of the total amount to be released; and

identifying your *superannuation interest or interests from which that total amount is to be released; and

if you identify more than one superannuation interest—stating the amount to be released from each such interest.

ensure that the total amount to be released for the determination or assessment complies with section 131-10; and

be in the *approved form; and

be given to the Commissioner within:

60 days after the Commissioner issues the determination or notice referred to in subsection (1); or

a further period allowed by the Commissioner.

you make a valid request under this section; and

(b) the Commissioner gives you a notice under subsection 131-55(1) stating an amount (the unreleased amount) that a *superannuation provider did not pay in relation to a release authority issued for that request;

60 days after the Commissioner issues the notice mentioned in paragraph (4)(b); or

a further period allowed by the Commissioner.

if item 1 or 3 of the following table applies—does not exceed the relevant amount referred to in that item; or

if item 2 of the following table applies—is nil or equals the relevant amount referred to in that item.

on a particular day, the Commissioner issues you with:

an *excess non-concessional contributions determination for a *financial year; or

a notice to which paragraph 131-5(4)(b) applies for such a determination; and

within 60 days after that day, you do not make a valid request under section 131-5 for that determination;

for an income year, you are given a notice of assessment of an amount of *Division 293 tax that is not *deferred to a debt account for a *superannuation interest; and

on the 60th day after the day the Commissioner issues that notice, the sum of the following falls short of that amount of tax:

any payments of that tax for the income year that you have already made;

any amounts that have already been released under this Subdivision for that assessment;

for a release authority issued under subsection 131-15(1)—the amount stated in the request; or

otherwise—worked out so that the total amount stated for all release authorities for the applicable determination or assessment does not exceed:

for a release authority issued under subsection 131-15(2)—the *total release amount stated in the determination referred to in that subsection; or

for a release authority issued under subsection 131-15(3) or (4)—the amount of tax stated in the assessment referred to in that subsection.

be issued to a single *superannuation provider; and

state the amount to be released from each *superannuation interest under the release authority; and

be dated; and

contain any other information that the Commissioner considers relevant.

the amount stated in the release authority; and

the sum of the *maximum available release amounts for each *superannuation interest held by the superannuation provider for you in *superannuation plans.

the amount stated in the release authority; and

the sum of the *maximum available release amounts for each *defined benefit interest held by the superannuation provider for you in *superannuation plans.

has been issued with a release authority under section 131-15; and

is not required to pay an amount under section 131-35, or is required under that section to pay an amount less than the amount stated in the release authority;

is given a notice from a *superannuation provider under section 131-50; or

does not receive a payment from a superannuation provider of the full amount stated in the release authority within the time mentioned in subsection 131-35(1) or 131-40(1).

be in writing; and

identify the *superannuation provider; and

state how much of the amount stated in the release authority was not paid within the applicable time.

the Federal Court of Australia; or

the Supreme Court of a State or Territory;

subsection (1) does not apply in relation to the payment; and

treat the payment as if it were a voluntary payment under section 133-70 in relation to that debt account.

the Commissioner is required under Division 3A of Part IIB to refund all or part of a credit you are entitled to under section 131-65; and

the Commissioner does not so refund all or part of that credit within 60 days after receiving the payment that gave rise to the credit.

on so much of the amount of the credit as the Commissioner fails to refund under that Division; and

for the period:

beginning 60 days after the day the Commissioner receives the amount; and

ending on the day the Commissioner refunds the amount mentioned in paragraph (1)(a); and

on a daily basis; and

at the *base interest rate for the day the interest is calculated.

nothing; or

an amount equal to the sum of that excess and 85% of the associated earnings on that excess;

on any shortfall between the amount released as described in subsection (3) or (4) and the excess referred to in subsection (3); or

on that excess, if the individual requested that nothing be released from the individual’s superannuation interests.

your non-concessional contributions exceed an indexed cap; and

a corresponding amount is not released from your superannuation interests.

your non-concessional contributions exceed an indexed cap; and

you are not liable to pay excess non-concessional contributions tax for the financial year on the full amount of the excess.

your associated earnings on those excess contributions; and

any amounts that have been released from your superannuation interests.

you receive one or more *excess non-concessional contributions determinations for a *financial year that corresponds to the income year; and

you are not liable to pay *excess non-concessional contributions tax for the financial year on the full amount of the excess stated in the most recent of those determinations.

the excess amount stated in the most recent of those determinations exceeds the sum of any amounts paid in response to release authorities issued in relation to those determinations; and

the sum of any amounts paid in response to release authorities issued in relation to those determinations is less than the excess amount stated in the most recent of those determinations; and

you are required under the Commissioner) in the *approved form by a particular day; andsection 136-90 (about commutation authorities) to give a notice to an entity (other than

(a) the person gives one or more *superannuation providers a release authority in accordance with Income Tax (Transitional Provisions) Act 1997; andsection 292-80B of the

the total of the amounts paid by the superannuation provider or providers to the person and the Commissioner as a result of being given the release authority exceeds the amount required to be paid in respect of the release authority under section 292-80C of that Act.

excess concessional contributions determinations issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

excess non-concessional contributions determinations issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

notices of excess non-concessional contributions tax assessments issued on or after 1 July 2018 (whether for financial years commencing before, on or after 1 July 2018); and

notices of assessments of amounts of 1 July 2018 (whether for income years commencing before, on or after 1 July 2018).Division 293 tax issued on or after

(a) the reference to this Subdivision in subsection 131-10(2) in Schedule 1 to the Taxation Administration Act 1953 included a reference to each of the following:

30 June 2018);Division 96 in that Schedule (as in force on

30 June 2018);Division 135 in that Schedule (as in force on

(iii) Income Tax Assessment Act 1997 (as in force on 30 June 2018); andsection 292-415 of the

the reference to this Subdivision in subsection 131-15(4) in that Schedule included a reference to 30 June 2018).Division 135 in that Schedule (as in force on

release authorities issued under section 131-15 in that Schedule;

(b) release authorities issued under former Income Tax Assessment Act 1997, former Division 96 in that Schedule or former item 1 or 2 of the table in subsection 135-10(1) in that Schedule, as applicable.section 292-405 of the

(a) you make a valid election under Taxation Administration Act 1953; andsection 96-5 or 96-7 in Schedule 1 to the

in response to the election, the Commissioner does not issue a release authority under 1 July 2018.section 96-10 or 96-12 in that Schedule before

the election were a valid request made under section 131-5 in that Schedule; and

the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to 30 June 2018).Division 96 in that Schedule (as in force on

(a) you could have made a valid election under Taxation Administration Act 1953; andsection 96-5 or 96-7 in Schedule 1 to the

you did not give the election to the Commissioner before 1 July 2018; and

as on 30 June 2018, the period for giving the election to the Commissioner under that section was to end after that day.

section 131-5 in that Schedule permitted you to make a request that is the same in substance as the election you could have made; and

the period under that section for giving the request to the Commissioner were 60 days starting on the same day that the period referred to in paragraph (1)(c) of this item started; and

the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to 30 June 2018).Division 96 in that Schedule (as in force on

(a) the Commissioner issues you with a release authority under Income Tax Assessment Act 1997 in relation to an excess non-concessional contributions tax assessment; andsection 292-405 of the

under subsection 292-410(4) of that Act, the Commissioner could have given the release authority to one or more superannuation providers before 1 July 2018; and

the Commissioner did not do so.

(a) the Commissioner issues you with a release authority under Income Tax Assessment Act 1997 in relation to an excess non-concessional contributions tax assessment; andsection 292-405 of the

by the end of 30 June 2018, the Commissioner had not given the release authority to any superannuation provider; and

apart from subitem (3) of this item, the conditions in subsection 292-410(3) of that Act are satisfied for that release authority after 30 June 2018.

(a) subsection 131-15(3) in Schedule 1 to the Taxation Administration Act 1953 permitted the Commissioner to issue a release authority, relating to the excess non-concessional contributions tax assessment, to one or more superannuation providers; and

subsection 131-20(2) in that Schedule also disregarded any amounts that:

(i) were stated in any other release authorities issued under Income Tax Assessment Act 1997 (as in force on 30 June 2018) for that assessment and given to a superannuation provider; butsection 292-405 of the

were not paid by the superannuation provider.

(a) the Commissioner issues you with a release authority under item 1 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953 in relation to an amount of assessed Division 293 tax; and

under subsection 135-45(1) in that Schedule, the Commissioner could have given the release authority to one or more superannuation providers before 1 July 2018; and

the Commissioner did not do so.

(a) the Commissioner issues you with a release authority under item 1 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953 in relation to an amount of assessed Division 293 tax; and

as on 30 June 2018, the 120-day period referred to in subsection 135-45(1) in that Schedule for the release authority is to end after that day; and

apart from subitem (3) of this item, paragraphs 135-45(1)(a) and (b) in that Schedule are satisfied for that release authority at the end of that 120-day period.

subsection 131-15(4) in that Schedule permitted the Commissioner to issue a release authority, relating to the assessment of the amount of Division 293 tax, to one or more superannuation providers; and

the reference to this Subdivision in subsection 131-15(4) in that Schedule included a reference to 30 June 2018); andDivision 135 in that Schedule (as in force on

subsection 131-20(2) in that Schedule also disregarded any amounts that:

were stated in any other release authorities issued under 30 June 2018) for that assessment and given to a superannuation provider; butDivision 135 in that Schedule (as in force on

were not paid by the superannuation provider.

(a) a release authority is issued under Taxation Administration Act 1953 in relation to you before 1 July 2018; andDivision 96 in Schedule 1 to the

(b) the Commissioner gives you a notice under unreleased amount) that a superannuation provider did not pay in relation to the release authority.section 96-40 in that Schedule on or after 1 July 2018 stating an amount (the

subsection 131-5(4) in that Schedule permitted you to make a request to release the unreleased amount from another of your superannuation interests; and

the notice mentioned in paragraph (1)(b) of this item were a notice mentioned in paragraph 131-5(4)(b) in that Schedule; and

the reference to this Subdivision in subsection 131-10(2) in that Schedule included a reference to 30 June 2018).Division 96 in that Schedule (as in force on

a *superannuation provider has been given a notice under the Commissioner has started to keep a debt account for a *superannuation interest; andsection 133-75 saying that

the superannuation provider receives a request to pay the *end benefit from the superannuation interest or the end benefit becomes payable from the superannuation interest;

unless subsection (1A) applies—the amount of the end benefit cap mentioned in subsection 133-120(2) for the superannuation interest; and

the *superannuation provider has already given the Commissioner notice of the end benefit cap under subsection 133-120(2); or

before the end of the period mentioned in subsection (2), the Commissioner has advised the superannuation provider under subsection 133-135(2) that the debt account is not in debit.

starting with the person’s early release authority amount at that time; and

subtracting from the result of paragraph (a) the person’s early release deduction amount at that time; and

adding to the result of paragraph (b) the lesser of:

(i) the amount referred to in paragraph (a) of the definition of early release amount; and

the modified early release deduction amount in relation to the person at the time.

the amount of each early release lump sum previously paid to or for the benefit of the person under subsection 79B(1);

interest on the amount of each such early release lump sum for the period beginning at the time the early release lump sum is paid and ending at the particular time.

(a) the definition of early release amount;

(b) the definition of early release authority amount;

(c) the definition of available early release authority amount.

an eligible employee;

a deferred benefit member;

a person who has made an election under section 110T (postponement of benefits).

for a lump sum paid under subsection 79B(1)—the person’s available early release amount at that time; and

for a lump sum paid under subsection 79B(1A)—the person’s available early release authority amount at that time.

(fa) if the instrument is a regulation relating to superannuation (other than a regulation to which Superannuation (Objective) Act 2016 does not apply)—contain a statement of compatibility prepared under subsection 7(1) of that Act; andsection 7 of the

is a *deferred superannuation income stream; and

is in the *retirement phase at that time.

it is a *deferred superannuation income stream; and

a *superannuation income stream benefit will be payable from it to a person after that time; and

(c) the person has satisfied (whether at or before that time) a condition of release specified in any of the following items of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994:

101 (retirement);

102A (terminal medical condition);

103 (permanent incapacity);

106 (attaining age 65).

(a) a transition to retirement income stream (within the meaning of Part 6 of the Superannuation Industry (Supervision) Regulations 1994);

a non-commutable allocated annuity (within the meaning of those regulations);

a non-commutable allocated pension (within the meaning of those regulations);

(d) a transition to retirement income pension (within the meaning of Part 4 of the Retirement Savings Accounts Regulations 1997);

a non-commutable allocated pension (within the meaning of those regulations).

(a) the superannuation income stream is specified in a commutation authority issued by the Commissioner under Subdivision 136-B in Schedule 1 to the Taxation Administration Act 1953 to a *superannuation income stream provider; and

the superannuation income stream provider is required by section 136-80 in that Schedule to pay a *superannuation lump sum but fails to do so within the 60-day period mentioned in that section; and

the income year is the income year in which the 60-day period ended, or a later income year.

if the regulations specify that value or a method for determining that value—that value; or

otherwise—the total amount of the *superannuation benefits that would become payable if the individual voluntarily caused the interest to cease at that time.

if you have one or more *superannuation interests that are not in the *retirement phase—the *accumulation phase values, at that time, of each such interest;

if you have a *transfer balance account—the *transfer balance of the account at that time (but not less than nil);

the amount of each *roll-over superannuation benefit:

paid at or before that time; and

received by the *complying superannuation plan, or the entity from which the *superannuation annuity is being purchased, after that time; and

not reflected in the value in paragraph (a) or the balance in paragraph (b).

if you do not have a *transfer balance account—reducing the sum worked out under subsection (1) by the sum of any such structured settlement contributions; and

if you have a transfer balance account:

first, working out the *transfer balance mentioned in paragraph (1)(b) disregarding the operation of item 2 of the table in subsection 294-80(1); and

then, reducing the sum worked out under subsection (1) (having regard to subparagraph (i) of this paragraph) by the sum of any such structured settlement contributions.

if a *transfer balance credit has arisen, at or before that time, in your *transfer balance account in respect of a *superannuation income stream covered by subsection (4)—disregard the operation of the following provisions in relation to the superannuation income stream:

items 1 and 2 of the table in subsection 294-25(1);

items 1, 3, 4, 5 and 6 of the table in subsection 294-80(1); and

if, at that time, you have a *superannuation interest that supports a superannuation income stream covered by subsection (4) of this section—increase the amount of that balance by the total amount of the *superannuation benefits that would become payable if:

you had the right to cause the superannuation interest to cease at that time; and

you voluntarily caused the superannuation interest to cease at that time.

an *allocated annuity;

an *allocated pension;

(c) an allocated pension (within the meaning of the Retirement Savings Accounts Regulations 1997);

an *account-based annuity;

(e) an account-based pension (within the meaning of the Superannuation Industry (Supervision) Regulations 1994);

(f) an account based pension (within the meaning of the Retirement Savings Accounts Regulations 1997);

(g) a market linked annuity (within the meaning of the Superannuation Industry (Supervision) Regulations 1994);

(h) a market linked pension (within the meaning of the Superannuation Industry (Supervision) Regulations 1994);

(i) a market linked pension (within the meaning of the Retirement Savings Accounts Regulations 1997).

first, multiplying its base amount mentioned in subsection (3) by its *indexation factor mentioned in subsection (5); and

next, rounding the result in paragraph (a) down to the nearest multiple of its *rounding amount.

unless paragraph (b) applies—the amount for the 2007-2008 income year or *financial year; or

if the amount is mentioned in item 9 or 10A in section 960-265—the amount for the 2017-2018 financial year.

unless paragraph (b) applies—the quarter ending on 31 December 2006; or

if the amount is mentioned in item 9 or 10A in 31 December 2016.section 960-265—the quarter ending on

(a) the index number for a *quarter is set out in column 2 of the relevant item in the following table; and

(b) the rounding amount is set out in column 3 of that item.

(ia) provides for an *immediate annuity, if the annuity is a *superannuation income stream that is not in the *retirement phase; or

(a) retirement phase; andsection 307-80 sets out when a *superannuation income stream is in the

(b) a *superannuation interest is in the retirement phase at a time if it supports a superannuation income stream that is in the retirement phase at that time.

for a superannuation income stream provided by a *superannuation fund—the trustee of the fund; or

(b) for a superannuation income stream that is a pension for the purposes of the Retirement Savings Accounts Act 1997—the *RSA provider; or

for a superannuation income stream provided by an *approved deposit fund—the trustee of the fund; or

(d) for a superannuation income stream provided by a *life insurance company—the life insurance company.