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

whether you have a *transfer balance account;

the *transfer balance in your transfer balance account.

have regard only to facts and circumstances that exist at that time; and

assume a requirement will be met, to the extent (if any) that:

the requirement arises under a provision of the *taxation law or under any rules or standards under which a benefit is, or is purported to be, provided; and

meeting the requirement is a condition for there to be a superannuation income stream at that time; and

it is not possible to determine, having regard only to facts and circumstances that exist at that time, whether or not the requirement has been met.

(a) a *superannuation provider makes a payment in respect of a *borrowing under an *arrangement that is covered by the exception in subsection 67A(1) of the Superannuation Industry (Supervision) Act 1993 (which is about limited recourse borrowing arrangements); and

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

the superannuation interest is in a *superannuation fund that is covered by subsection (4) at the time of the payment.

the fund is a *self managed superannuation fund at the time;

there are less than 5 *members of the fund at the time.

the superannuation income stream is any of the following:

(i) 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);

(iv) a transition to retirement 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); and

at or before that time, the person to whom the benefit is payable:

has not satisfied a condition of release specified in paragraph (2)(c); or

has satisfied a condition of release specified in subparagraph (2)(c)(i), (ii) or (iii), but has not notified the *superannuation income stream provider for the superannuation income stream of that fact.

(a) on 1 July 2017, a transfer balance debit arose in your transfer balance account under item 2 of the table in subsection 294-80(1) of the Income Tax Assessment Act 1997; and

the sum of all the transfer balance credits that arise in your transfer balance account under item 1 of the table in subsection 294-25(1) of that Act exceeds the amount that would, apart from this section, be the amount of that debit.

either:

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

(ii) at the start of 1 July 2017 (also the cessation time), the asset ceases to be a segregated current pension asset of the fund because it supports a superannuation income stream covered by subsection 307-80(3) of the Income Tax Assessment Act 1997; and

the trust is a pooled superannuation trust throughout the pre-commencement period; and

either of the following is greater than nil:

(i) the proportion mentioned in subsection 295-400(1) of the Income Tax Assessment Act 1997 in respect of the trust for the 2016-17 income year;

if the trustee has made a choice under subsection 295-400(3) of that Act—the percentage mentioned in subsection 295-400(4) of that Act in respect of the trust for the 2016-17 income year; and

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

the trustee of the trust 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 trust is required to lodge the trust’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 294-125 applies in relation to the CGT asset; and

as a result of paragraph 294-125(3)(a), the trust makes a capital gain in respect of the asset (disregarding this section); and

the trustee of the trust 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 trust is required to lodge the trust’s income tax return for the 2016-17 income year; and

cannot be revoked.

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

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

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

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

treat the trust 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.

(a) unless paragraph (b) applies—1 minus the proportion mentioned in subsection 295-400(1) of the Income Tax Assessment Act 1997; or

if the trustee has made a choice under subsection 295-400(3) of that Act—the percentage worked out by subtracting the percentage mentioned in subsection 295-400(4) of that Act in respect of the trust for the 2016-17 income year from 100%.

(fa) if the instrument is a regulation relating to superannuation (other than a regulation to which Superannuation (Objective) Act 2017 does not apply)—contain a statement of compatibility prepared under subsection 7(1) of that Act; andsection 7 of the

(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.

(a) the new borrowing is a refinancing of a borrowing (the old borrowing) that was made under a contract:

entered into before 1 July 2017; and

(ii) covered by the exception in subsection 67A(1) of the Superannuation Industry (Supervision) Act 1993 (which is about limited recourse borrowing arrangements); and

the new borrowing is secured by the same asset or assets as the old borrowing; and

the amount of the new borrowing at the time it is first made equals, or is less than, the outstanding balance on the old borrowing just before the refinancing.

the trustee employs or engages a person to provide services in connection with the administration of the estate; and

a related entity of the trustee directly or indirectly derives a profit or advantage as a result of that employment or engagement; and

one of the following is satisfied:

the trustee does not know, and could not reasonably be expected to know, that the related entity would derive that profit or advantage;

the creditors, by resolution, agree to the related entity deriving the profit or advantage;

it is not reasonably practicable in all the circumstances to obtain the agreement, by resolution, of the creditors to the related entity deriving the profit or advantage and the cost of employing or engaging the person to provide the services is reasonable in all the circumstances.

from remuneration paid to the trustee in accordance with section 60-5 of this Schedule; or

from a profit or advantage covered by subsection (4).

the external administrator employs or engages a person to provide services in connection with the external administration of the company; and

a related entity of the external administrator directly or indirectly derives a profit or advantage as a result of that employment or engagement; and

one of the following is satisfied:

the external administrator does not know, and could not reasonably be expected to know, that the related entity would derive that profit or advantage;

the creditors, by resolution, agree to the related entity deriving the profit or advantage;

it is not reasonably practicable in all the circumstances to obtain the agreement, by resolution, of the creditors to the related entity deriving the profit or advantage and the cost of employing or engaging the person to provide the services is reasonable in all the circumstances.

from remuneration paid to the external administrator in accordance with section 60-5 of this Schedule; or

from a profit or advantage covered by subsection (4).