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27 Jun 13 Payment of superannuation lump sum from one fund to another – TD 2013/13

On 26 June 2013 the ATO released Taxation Determination TD 2013/13, which is concerned with the question: is a payment by a complying superannuation fund to another complying superannuation fund of a superannuation lump sum arising from the full commutation of a superannuation income stream paid to a person as a beneficiary of a deceased member of the first fund, a “roll-over superannuation benefit” for the purpose of s 306-10 ITAA 1997?

The answer is yes, such a payment is a “roll-over superannuation benefit” if:

  • the person was the spouse of the deceased member at the time of the deceased member’s death, and
  • the superannuation lump sum is paid after the latest of the times set out in s 307-5(3)(c) ITAA 1997, and
  • the Commissioner has not made a decision under s 307-5(3A) that the superannuation lump sum is not a superannuation member benefit under s 307-5(3).

This Determination was not previously issued in draft.

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