Income Tax Assessment (1997 Act) Regulations 2021 (Cth)
Income Tax Assessment (1997 Act) Regulations 2021
made under the
Income Tax Assessment Act 1997 and the Income Tax (Transitional Provisions) Act 1997
Compilation No. 2
Compilation date: 11 December 2021
Includes amendments up to: F2021L01616
Registered: 15 December 2021
About this compilation
This compilation
This is a compilation of the Income Tax Assessment (1997 Act) Regulations 2021 that shows the text of the law as amended and in force on 11 December 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction and core provisions 1
1............................ Name............................................................................................................. 1
3............................ Authority....................................................................................................... 1
Chapter 2—Liability rules of general application 2
Part 2‑5—Rules about deductibility of particular kinds of amounts 2
Division 26—Some amounts you cannot deduct, or cannot deduct in full 2
26‑85.01................ Borrowing costs on loans to pay life insurance premiums—term insurance policy etc. 2
Division 30—Gifts or contributions 3
30‑212.01.............. Valuation of gifts.......................................................................................... 3
30‑212.02.............. Application for valuation............................................................................... 3
30‑212.03.............. Charge for making valuation......................................................................... 3
30‑212.04.............. Advance payment of charge.......................................................................... 3
30‑212.05.............. Commissioner not required to consider application until advance payment is paid 4
30‑212.06.............. Applications treated as having no effect........................................................ 4
30‑212.07.............. Crediting and repaying valuation charges...................................................... 4
30‑212.08.............. Valuation certificates..................................................................................... 4
Division 31—Conservation covenants 6
31‑15.01................ Valuation of land........................................................................................... 6
31‑15.02................ Application for valuation............................................................................... 6
31‑15.03................ Charge for making valuation......................................................................... 6
31‑15.04................ Advance payment of charge.......................................................................... 6
31‑15.05................ Commissioner not required to consider application until advance payment is paid 7
31‑15.06................ Applications treated as having no effect........................................................ 7
31‑15.07................ Crediting and repaying valuation charges...................................................... 7
31‑15.08................ Valuation certificates..................................................................................... 7
Part 2‑15—Non‑assessable income 9
Division 50—Exempt entities 9
Subdivision 50‑A—Various exempt entities 9
50‑50.01................ Prescribed institutions located outside Australia........................................... 9
50‑50.02................ Prescribed institutions pursuing objectives principally outside Australia...... 9
50‑55.01................ Prescribed institutions for items 1.3, 1.4, 6.1 and 6.2 in Division 50 of the Act 10
Division 51—Exempt amounts 11
51‑5.01.................. Defence allowances..................................................................................... 11
Part 2‑20—Tax offsets 12
Division 61—Generally applicable tax offsets 12
Subdivision 61‑G—Private health insurance offset complementary to Part 2‑2 of the Private Health Insurance Act 2007 12
61‑220.01.............. Private health insurer to provide annual statement to PHIIB if requested.... 12
Part 2‑25—Trading stock 13
Division 70—Trading stock 13
Subdivision 70‑C—Accounting for trading stock you hold at the start or end of the income year 13
70‑55.01................ Cost of natural increase of live stock........................................................... 13
Part 2‑40—Rules affecting employees and other taxpayers receiving PAYG withholding payments 14
Division 83A—Employee share schemes 14
Subdivision 83A‑A—Objects of Division and key concepts 14
83A‑5.01............... Object of Division 83A............................................................................... 14
Subdivision 83A‑E—Miscellaneous 14
83A‑315.01........... Value of certain ESS interests..................................................................... 14
83A‑315.02........... Valuing unlisted rights................................................................................ 14
83A‑315.03........... Exercise price of right nil or cannot be determined...................................... 15
83A‑315.04........... Value of beneficial interests........................................................................ 15
83A‑315.05........... Working out the value of a right to acquire the beneficial interest in a share 15
83A‑315.08........... Calculation percentages of 50% or more, and less than 110%.................... 15
83A‑315.09........... Base percentages for calculation percentages of 110% or more.................. 17
Chapter 3—Specialist liability rules 20
Part 3‑30—Superannuation 20
Division 290—Contributions to superannuation funds 20
Subdivision 290‑C—Deducting personal contributions 20
290‑155.01............ Complying superannuation fund condition—prescribed superannuation funds 20
290‑155.05............ Complying superannuation fund condition—prescribed contributions and superannuation funds 20
290‑170.01............ Notice of intent to deduct contributions—contributions‑splitting applications 20
Division 291—Excess concessional contributions 22
Subdivision 291‑B—Excess concessional contributions 22
291‑25.01.............. Concessional contributions for a financial year........................................... 22
Subdivision 291‑C—Modifications for defined benefit interests 23
291‑170.01............ Treatment of superannuation sub‑funds...................................................... 23
291‑170.02............ Notional taxed contributions—contributions for funds with 5 or more defined benefit members 23
291‑170.03............ Notional taxed contributions—contributions for funds to which section 291‑170.02 does not apply 24
291‑170.04............ Notional taxed contributions—nil amount................................................... 25
291‑170.05............ Notional taxed contributions—conditions for paragraph 291‑170(2)(d) and subparagraph 291‑170(3)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997................................... 27
291‑170.07............ Notional taxed contributions—conditions for paragraph 291‑170(4)(d) and subparagraph 291‑170(5)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997................................... 29
Division 292—Excess non‑concessional contributions 31
Subdivision 292‑C—Excess non‑concessional contributions tax 31
292‑90.01.............. Non‑concessional contributions for a financial year.................................... 31
Division 293—Sustaining the superannuation contribution concession 32
Subdivision 293‑D—Modifications for defined benefit interests 32
293‑115.05............ Preliminary.................................................................................................. 32
293‑115.10............ Defined benefit contributions—non‑accruing members.............................. 32
293‑115.15............ Defined benefit contributions—accruing members with funded benefit interests 32
293‑115.20............ Defined benefit contributions—accruing members with other interests...... 33
Subdivision 293‑E—Modifications for constitutionally protected State higher level office holders 33
293‑145.01............ Constitutionally protected State higher level office holders......................... 33
Division 294—Transfer balance cap 34
Subdivision 294‑B—Transfer balance account 34
294‑25.01.............. Credit in transfer balance account—payment of consideration for interest supporting deferred superannuation income stream............................................................................................. 34
Subdivision 294‑C—Transfer balance debits 34
294‑80.01.............. Debit in transfer balance account—reduction in amount of superannuation income stream benefit 34
294‑80.02.............. Debit in transfer balance account—reduction in amount of superannuation income stream benefit 35
294‑80.03.............. Debit in transfer balance account—certain items of table in subsection 294‑80(1) of the Act do not apply to certain superannuation income streams....................................................... 35
Subdivision 294‑D—Modifications for certain defined benefit income streams 36
294‑130.01............ Meaning of capped defined benefit income stream...................................... 36
294‑135.01............ Transfer balance credit—determining special value of a superannuation interest 37
294‑145.01............ Transfer balance debits—determining debit value of a superannuation interest 38
Division 295—Taxation of superannuation entities 39
Subdivision 295‑D—Contributions excluded 39
295‑265.01............ Application of pre‑1 July 88 funding credits—limit on choice.................... 39
295‑265.02............ Method 1—Funding credit valuation process............................................. 40
295‑265.03............ How to calculate the discounted present value of liabilities for step 1 of method 1 41
295‑265.04............ How to calculate the assets available to fund pre‑1 July 88 liabilities for step 2 of method 1 42
295‑265.05............ Method 2—Notionally updated funding credit valuation process............... 42
Subdivision 295‑F—Exempt income 44
295‑385.01............ Segregated current pension assets—prescribed superannuation income stream benefits 44
Subdivision 295‑G—Deductions 45
295‑465.01............ Complying funds—deductions for insurance premiums............................. 45
Division 301—Superannuation member benefits paid from complying plans etc. 48
Subdivision 301‑D—Departing Australia superannuation payments 48
301‑170.01............ Departing Australia superannuation payments............................................ 48
Subdivision 301‑E—Superannuation lump sum member benefits less than $200 48
301‑225.01............ Superannuation lump sum member benefits less than $200 are tax free...... 48
Division 302—Superannuation death benefits paid from complying plans etc. 49
Subdivision 302‑D—Definitions relating to dependants 49
302‑195.01............ Circumstances in which a person died in the line of duty............................ 49
302‑195.02............ Circumstances in which a person has not died in the line of duty............... 51
302‑200.01............ What is an interdependency relationship—matters to be taken into account 52
302‑200.02............ What is an interdependency relationship—existence of relationship........... 52
Division 306—Roll‑overs etc. 54
306‑10.01.............. Roll‑over superannuation benefit................................................................ 54
Division 307—Key concepts relating to superannuation benefits 55
Subdivision 307‑A—Superannuation benefits generally 55
307‑5.01................ What is a superannuation benefit?............................................................... 55
Subdivision 307‑B—Superannuation lump sums and superannuation income stream benefits 55
307‑70.01.............. Superannuation income stream benefits...................................................... 55
307‑70.02.............. Meaning of superannuation income stream............................................... 55
Subdivision 307‑C—Components of a superannuation benefit 57
307‑125.01............ Components of member benefits accruing before 1 July 1999 paid from the Military Superannuation and Benefits Scheme.......................................................................................... 57
307‑125.02............ Components of superannuation benefits after death of recipient of superannuation income stream 57
Subdivision 307‑D—Superannuation interests 59
307‑200.01............ Application of sections 307‑200.02 to 307‑200.05 to Subdivisions 291‑C and 293‑D of the Act 59
307‑200.02............ Meaning of superannuation interests—treating superannuation interests as 1 superannuation interest (self‑managed superannuation funds)......................................................... 59
307‑200.03............ Meaning of superannuation interests—treating a superannuation interest as 2 or more superannuation interests (public sector schemes)............................................................................... 59
307‑200.05............ Meaning of superannuation interests—treating a superannuation interest as 2 or more superannuation interests (superannuation income streams)................................................................ 60
307‑205.01............ Value of superannuation interest for calculating pre‑July 83 amount for members in the contributions and investment phase......................................................................................... 60
307‑205.01A......... How to calculate the value of a retirement benefit for step 1 of the method in subsection 307‑205.01(2).................................................................................................................... 61
307‑205.02............ Value of superannuation interest................................................................. 62
307‑205.02A......... Value of superannuation interest—superannuation income streams or superannuation annuities based on identifiable amounts.................................................................................... 63
307‑205.02B......... Value of superannuation interest—public sector superannuation schemes.. 63
307‑205.02C......... Value of superannuation interest—deferred superannuation income streams 63
307‑205.02D......... Value of superannuation interest—pooled investment pensions................. 64
307‑205.02E.......... Value of superannuation interest—pooled investment annuities................. 65
Part 3‑45—Rules for particular industries and occupations 66
Division 393—Farm management deposits 66
Subdivision 393‑B—Meaning of farm management deposit and owner 66
393‑20.01.............. Application form for a farm management deposit—information given by depositor 66
393‑20.02.............. Application form for a farm management deposit—information given to depositor 66
393‑40.01.............. Repayment of farm management deposit in the event of a natural disaster.. 66
Chapter 4—International aspects of income tax 68
Part 4‑5—General 68
Division 775—Foreign currency gains and losses 68
Subdivision 775‑B—Realisation of forex gains or losses 68
775‑145.01............ Application of forex events to currency and fungible rights and obligations 68
Division 830—Foreign hybrids 70
Subdivision 830‑A—Meaning of “foreign hybrid” 70
830‑15.01.............. Foreign hybrid company............................................................................. 70
Chapter 6—The Dictionary 71
Part 6‑1—Concepts and topics 71
Division 960—General 71
Subdivision 960‑C—Foreign currency 71
960‑50.01.............. Translation of foreign currency amounts into Australian currency—modification of special translation rules.................................................................................................................... 71
Subdivision 960‑D—Functional currency 72
960‑80.01.............. Translation rules—translation into applicable functional currency.............. 72
960‑80.02.............. Translation rules for an attributable taxpayer of a CFC—translation into applicable functional currency 73
960‑80.03.............. Translation rules—translation from applicable functional currency into Australian currency 73
Division 974—Debt and equity interests 75
Subdivision 974‑F—Related concepts 75
974‑135.01............ Non‑cumulative redeemable preference shares issued by credit union or mutual building society 75
974‑135.02............ Redeemable preference shares..................................................................... 76
974‑135.03............ Term cumulative subordinated note with insolvency or capital adequacy conditions 76
974‑135.04............ Perpetual cumulative subordinated note with profitability, insolvency or negative earnings conditions 77
974‑135.05............ Term cumulative subordinated note with non‑viability condition................ 78
Part 6‑5—Dictionary definitions 81
Division 995—Definitions 81
995‑1.01................ Definitions.................................................................................................. 81
995‑1.02................ Approved stock exchanges......................................................................... 84
995‑1.03................ Constitutionally protected funds.................................................................. 84
995‑1.04................ Definition of contributions‑splitting superannuation benefit...................... 85
995‑1.05................ Meaning of superannuation annuity........................................................... 85
995‑1.06................ Meaning of terminal medical condition...................................................... 86
Chapter 7—Transitional matters 87
Part 1000‑1—Transitional matters relating to the repeal of the Income Tax Assessment Regulations 1997 87
1000‑1.01.............. Definitions.................................................................................................. 87
1000‑1.02.............. This instrument generally applies to income years and financial years starting at or after the commencement time............................................................................................................. 87
1000‑1.03.............. Valuations under Division 30 or 31............................................................ 87
1000‑1.04.............. Complying superannuation fund condition—elections................................ 87
1000‑1.05.............. Notional taxed contributions—allocation of contributions.......................... 88
1000‑1.06.............. Transfer balance debits and transfer balance credits.................................... 88
1000‑1.07.............. Application of pre‑1 July 88 funding credits............................................... 88
1000‑1.08.............. Departing Australia superannuation payments............................................ 89
1000‑1.09.............. Components of member benefits accruing before 1 July 1999 paid from the Military Superannuation and Benefits Scheme—choice of alternative method.......................................... 89
1000‑1.10.............. Farm management deposit........................................................................... 89
1000‑1.11.............. Application of forex events to currency and fungible rights and obligations—elections 90
1000‑1.12.............. Translating currency—choices and elections............................................... 90
1000‑1.13.............. Certificates in relation to terminal medical conditions.................................. 90
Part 1000‑2—Transitional matters relating to the Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2021 91
1000‑2.01.............. Application of amendments......................................................................... 91
Schedule 1A—Method of working out amount of notional taxed contributions 92
Part 1—Preliminary 92
Division 1—Definitions 92
1.1......................... Meaning of accruing member..................................................................... 92
1.2......................... Meaning of benefit category........................................................................ 92
1.3......................... Meaning of defined benefit fund.................................................................. 92
1.4......................... Accruing member must not belong to more than one benefit category at the same time unless certified by an actuary......................................................................................................... 92
1.5......................... Meaning of fund benefit.............................................................................. 93
Division 2—Method 94
1.6......................... Method of working out amount of notional taxed contributions if the fund benefit is wholly sourced from an accumulation of contributions made in respect of the member.................... 94
1.7......................... Method of working out amount of notional taxed contributions in respect of a benefit category if the fund benefit is not wholly sourced from an accumulation of contributions made in respect of the member 94
1.8......................... Method of working out amount of notional taxed contributions................. 95
Part 2—New entrant rate 96
2.1......................... Method of working out new entrant rate for a benefit category................... 96
2.2......................... New entrant rate to be based on period of membership needed to reach maximum benefit accrual 96
2.3......................... New entrant rate to be rounded down......................................................... 96
2.4......................... No allowance for administration expenses or income tax on assessable contributions 97
2.5......................... Certain discretions to be allowed for........................................................... 97
2.6......................... Method of working out new entrant rate for a member............................... 97
Part 3—Valuation parameters 98
3.1......................... Application of economic, decrement and other parameters.......................... 98
3.2......................... Discount rate............................................................................................... 98
3.3......................... Fund earning rate and crediting rate............................................................ 98
3.4......................... Rate of future salary or wages growth........................................................ 98
3.5......................... Rate of increase in price indices.................................................................. 98
3.6......................... New entrant age.......................................................................................... 98
3.7......................... Exit rates..................................................................................................... 99
3.8......................... Pensions.................................................................................................... 100
3.9......................... Mortality of pensioners............................................................................. 100
3.10....................... Taxed and untaxed benefits....................................................................... 101
3.11....................... Other assumptions to be set by the actuary............................................... 101
Part 4—Exercise of discretion to pay a benefit greater than the benefit assumed in calculating the new entrant rate 103
4.1......................... Method of working out the increased exit benefit adjustment amount in the formula in clause 1.8 103
Part 5—Member has changed benefit category 104
5.1......................... Method of working out the category change or discretion adjustment amount in the formula in clause 1.8.................................................................................................................. 104
Part 6—Governing rules have changed 105
6.1......................... Method of working out governing rules change adjustment amount in the formula in clause 1.8 105
Part 7—Non‑arm’s length increase in superannuation salary 106
7.1......................... Method of working out the increased superannuation salary adjustment amount in the formula in clause 1.8.................................................................................................................. 106
Schedule 1AA—Working out defined benefit contributions 107
Part 1—Preliminary 107
Division 1—Definitions 107
1............................ Meaning of accruing member................................................................... 107
2............................ Meaning of benefit category...................................................................... 107
2A......................... Meaning of defined benefit fund................................................................ 107
2B.......................... Treatment of superannuation sub‑funds.................................................... 107
3............................ Accruing member must not belong to more than one benefit category at the same time unless certified by an actuary....................................................................................................... 107
Division 2—Method 109
4............................ Method of determining amount of defined benefit contributions............... 109
Part 2—New entrant rate 111
5............................ Method of working out new entrant rate for a benefit category................. 111
6............................ New entrant rate to be based on period of membership needed to reach maximum benefit accrual 111
7............................ New entrant rate to be rounded down....................................................... 111
8............................ No allowance for administration expenses or income tax on assessable contributions 112
9............................ Certain discretions to be allowed for......................................................... 112
Part 3—Valuation parameters 113
10.......................... Application of economic, decrement and other parameters........................ 113
11.......................... Discount rate............................................................................................. 113
12.......................... Fund earning rate and crediting rate.......................................................... 113
13.......................... Rate of future salary or wages growth...................................................... 113
14.......................... Rate of increase in price indices................................................................ 113
15.......................... New entrant age........................................................................................ 113
16.......................... Exit rates................................................................................................... 114
17.......................... Pensions.................................................................................................... 115
18.......................... Mortality of pensioners............................................................................. 115
19.......................... Other assumptions to be set by the actuary............................................... 117
Part 4—Exercise of discretion to pay a benefit greater than the benefit assumed in calculating the new entrant rate 118
20.......................... Method of working out the increased exit benefit adjustment amount in the formula in subclause 4(2) 118
Part 5—Member has changed benefit category 119
21.......................... Method of working out the category change or discretion adjustment amount in the formula in subclause 4(2).................................................................................................................. 119
Part 6—Governing rules have changed 120
22.......................... Method of working out governing rules change adjustment amount in the formula in subclause 4(2) 120
Part 7—Non‑arm’s length increase in superannuation salary 121
23.......................... Method of working out the increased superannuation salary adjustment amount in the formula in subclause 4(2)........................................................................................... 121
Schedule 1B—Valuation factors 122
1............................ Income stream valuation factors................................................................ 122
2............................ Lump sum valuation factors...................................................................... 125
Schedule 1C—Farm management deposits—statements to be read by depositors 128
Part 1—Statements 128
1............................ Statements for the purposes of paragraph 393‑20.02(a)............................ 128
Part 2—Required statements 129
2............................ Statements for the purposes of paragraph 393‑20.02(b)........................... 129
Part 3—Additional information 131
3............................ Additional information for the purposes of paragraph 393‑20.02(c)......... 131
Schedule 2—Translation of currency amounts—rules and other requirements 132
Part 1—Rules and requirements for item 12 of the table in subsection 960‑50(6) of the Act 132
1............................ Exchange rate—consistency with accounting standards used by entity..... 132
2............................ Choice of daily exchange rate.................................................................... 132
3............................ Choice of average exchange rate............................................................... 133
Part 2—Translation of foreign currency amounts into Australian currency—rules and requirements for item 11A of the table in subsection 960‑50(6) of the Act 134
4............................ Exchange rate—consistency with an entity’s financial records................. 134
Schedule 3—Approved stock exchanges 135
1............................ Approved stock exchanges....................................................................... 135
Endnotes139
Endnote 1—About the endnotes 139
Endnote 2—Abbreviation key 140
Endnote 3—Legislation history 141
Endnote 4—Amendment history 142
Chapter 1—Introduction and core provisions
1 Name
This instrument is the Income Tax Assessment (1997 Act) Regulations 2021.
3 Authority
(1) Subject to subsection (2), this instrument is made under the Income Tax Assessment Act 1997.
(2) Sections 291‑170.05 and 291‑170.07 are made under the Income Tax (Transitional Provisions) Act 1997.
Chapter 2—Liability rules of general application
Part 2‑5—Rules about deductibility of particular kinds of amounts
Division 26—Some amounts you cannot deduct, or cannot deduct in full
26‑85.01 Borrowing costs on loans to pay life insurance premiums—term insurance policy etc.
For the purposes of subsection 26‑85(2) of the Act, the risk component of a premium received in respect of a life insurance policy that is:
(a) a term insurance policy; or
(b) a rider or supplementary benefit attached to another policy where the sum insured is payable on death within a specified term;
is an amount that is equal to the whole of the amount of the premium.
Division 30—Gifts or contributions
30‑212.01 Valuation of gifts
For the purposes of section 30‑212 of the Act, this Division sets out:
(a) the procedure for seeking a valuation from the Commissioner of a gift mentioned in that section; and
(b) the amounts that the Commissioner may charge for making the valuation; and
(c) arrangements for payment of those amounts.
Note: Subsection 30‑212(1) of the Act applies to a person who makes a gift that is covered by a provision of Division 30 of the Act that refers to the value of property as determined by the Commissioner.
30‑212.02 Application for valuation
An application for a valuation must:
(a) be in the approved form; and
(b) be lodged with the Commissioner; and
(c) include the deposit towards the charge for making the valuation required by the approved form, which must not be more than $1,000.
Note: For approved form, see subsection 995‑1(1) of the Act.
30‑212.03 Charge for making valuation
(1) The amount of the charge for making the valuation is an amount equal to the sum of the actual cost of the valuation and all other costs to the Commissioner in obtaining the valuation.
(2) However, if the Commissioner starts the valuation but the application for the valuation is withdrawn or treated as having no effect under subsection 30‑212.06(2), the amount of the charge for making the valuation is an amount equal to the costs to the Commissioner in obtaining the incomplete valuation.
30‑212.04 Advance payment of charge
(1) The Commissioner may give the applicant a written statement:
(a) requiring the applicant to give the Commissioner an advance payment of the charge that may be payable for making the valuation; and
(b) stating the amount of the payment; and
(c) explaining how the amount was worked out.
(2) The Commissioner may ask for more than one advance payment from the applicant under subsection (1).
(3) The applicant must give the Commissioner the advance payment within 14 days after receiving the statement asking for the payment or within such longer period as the Commissioner allows.
30‑212.05 Commissioner not required to consider application until advance payment is paid
If the Commissioner has required an advance payment of the charge under section 30‑212.04, the Commissioner is not required to consider the application until the payment is paid.
30‑212.06 Applications treated as having no effect
(1) If the application does not comply with section 30‑212.02, the Commissioner must:
(a) treat the application as having no effect; and
(b) give the applicant a written statement that the application is being treated that way.
(2) If the Commissioner has required an advance payment of the charge under section 30‑212.04, and the payment is not paid within the time mentioned in subsection 30‑212.04(3):
(a) the Commissioner must treat the application as having no effect after that time; and
(b) the Commissioner must give the applicant a written statement that the application is being treated that way.
Note: For an application that is treated as having no effect under subsection (2), see subsection 30‑212.03(2).
30‑212.07 Crediting and repaying valuation charges
(1) The deposit paid under section 30‑212.02 is to be credited against the charge for making the valuation.
(2) An advance payment of the charge paid under section 30‑212.04 is to be credited against the charge for making the valuation.
(3) The charge payable for making the valuation is a debt due to the Commonwealth and recoverable in a court of competent jurisdiction.
(4) However, if the total of the amounts paid under subsections (1) and (2) is more than the charge payable for making the valuation, the Commissioner must pay the difference to the applicant as soon as practicable.
30‑212.08 Valuation certificates
(1) If the Commissioner completes the valuation, the Commissioner must give a valuation certificate to the applicant for the valuation.
(2) The Commissioner must approve, in writing, one or more forms of a valuation certificate for the purposes of subsection (1).
(3) The certificate must include the following information:
(a) the date on which the valuation was completed;
(b) a description of any real property (including a lot and plan number, title reference and the location of the property);
(c) a full description of property other than real property;
(d) the period for which the valuation is in force;
(e) a statement of the valuation.
(4) The certificate may include other information.
(5) The Commissioner must not give a valuation certificate to the applicant until:
(a) the valuation has been completed; and
(b) the Commissioner has received the full amount of the charge payable for making the valuation.
Division 31—Conservation covenants
31‑15.01 Valuation of land
For the purposes of section 31‑15 of the Act, this Division sets out:
(a) the procedure for seeking a valuation from the Commissioner of the change in the market value of the land mentioned in that section; and
(b) the amounts that the Commissioner may charge for making the valuation; and
(c) arrangements for payment of those amounts.
Note: Section 31‑15 of the Act applies to a person who enters into a conservation covenant over land owned by the person, if the conditions mentioned in subsection 31‑5(2) of the Act are met.
31‑15.02 Application for valuation
An application for a valuation must:
(a) be in the approved form; and
(b) be lodged with the Commissioner; and
(c) include a copy of the conservation covenant; and
(d) include the deposit towards the charge for making the valuation required by the approved form, which must not be more than $1,000.
Note: For approved form, see subsection 995‑1(1) of the Act.
31‑15.03 Charge for making valuation
(1) The amount of the charge for making the valuation is an amount equal to the sum of the actual cost of the valuation and all other costs to the Commissioner in obtaining the valuation.
(2) However, if the Commissioner starts the valuation but the application for the valuation is withdrawn or treated as having no effect under subsection 31‑15.06(2), the amount of the charge for making the valuation is an amount equal to the costs to the Commissioner in obtaining the incomplete valuation.
31‑15.04 Advance payment of charge
(1) The Commissioner may give the applicant a written statement:
(a) requiring the applicant to give the Commissioner an advance payment of the charge that may be payable for making the valuation; and
(b) stating the amount of the payment; and
(c) explaining how the amount was worked out.
(2) The Commissioner may ask for more than one advance payment from the applicant under subsection (1).
(3) The applicant must give the Commissioner the advance payment within 14 days after receiving the statement asking for the payment or within such longer period as the Commissioner allows.
31‑15.05 Commissioner not required to consider application until advance payment is paid
If the Commissioner has required an advance payment of the charge under section 31‑15.04, the Commissioner is not required to consider the application until the payment is paid.
31‑15.06 Applications treated as having no effect
(1) If the application for the valuation does not comply with section 31‑15.02, the Commissioner must:
(a) treat the application as having no effect; and
(b) give the applicant a written statement that the application is being treated that way.
(2) If the Commissioner has required an advance payment of the charge under section 31‑15.04, and the payment is not paid within the time mentioned in subsection 31‑15.04(3), the Commissioner must:
(a) treat the application as having no effect after that time; and
(b) give the applicant a written statement that the application is being treated that way.
Note: For an application that is treated as having no effect under subsection (2), see subsection 31‑15.03(2).
31‑15.07 Crediting and repaying valuation charges
(1) The deposit paid under section 31‑15.02 is to be credited against the charge for making the valuation.
(2) An advance payment of the charge paid under section 31‑15.05 is to be credited against the charge for making the valuation.
(3) The charge payable for making the valuation is a debt due to the Commonwealth and recoverable in a court of competent jurisdiction.
(4) However, if the total of the amounts paid under subsections (1) and (2) is more than the charge payable for making the valuation, the Commissioner must pay the difference to the applicant as soon as practicable.
31‑15.08 Valuation certificates
(1) If the Commissioner completes the valuation, the Commissioner must give a valuation certificate to the applicant for the valuation.
(2) The Commissioner must approve, in writing, one or more forms of a valuation certificate for the purposes of subsection (1).
(3) The certificate must include the following information:
(a) the date on which the valuation was completed;
(b) a description of the land (including a lot and plan number, title reference and the location of the land);
(c) a statement of the market value of the land immediately before the conservation covenant was entered into;
(d) a statement of the market value of the land immediately after the conservation covenant was entered into;
(e) a statement of the difference between the market values mentioned in paragraphs (c) and (d);
(f) a statement of the extent to which the difference mentioned in paragraph (e) is attributable to the conservation covenant being entered into.
(4) The certificate may include other information.
(5) The Commissioner must not give a valuation certificate to the applicant until:
(a) the valuation has been completed; and
(b) the Commissioner has received the full amount of the charge payable for making the valuation.
Part 2‑15—Non‑assessable income
Division 50—Exempt entities
Subdivision 50‑A—Various exempt entities
50‑50.01 Prescribed institutions located outside Australia
For the purposes of paragraph 50‑50(1)(c) of the Act, each institution specified in an item in the following table is a prescribed institution.
| Prescribed institutions located outside Australia | |
| Item | Name of institution |
| 1 | Catholic Bishops’ Conference of the Pacific (Fiji) |
| 2 | Catholic Diocese of Rarotonga (Cook Islands) |
| 3 | Catholic Diocese of Bougainville (Papua New Guinea) |
| 4 | Catholic Diocese of Port Vila (Vanuatu) |
| 5 | Catholic Diocese of Suva (Fiji) |
| 6 | Catholic Diocese of Noumea (New Caledonia) |
| 7 | Catholic Diocese of Tonga |
| 8 | Catholic Diocese of Auki (Solomon Islands) |
| 9 | Catholic Archdiocese of Rabaul (Papua New Guinea) |
| 10 | Diocese of Honiara Registered Trustees (Incorporated) |
50‑50.02 Prescribed institutions pursuing objectives principally outside Australia
For the purposes of paragraph 50‑50(1)(d) of the Act, each institution specified in column 1 of an item in the following table, and each institution that is a member of that institution, is a prescribed institution until the date specified (if any) in column 2 of the item.
| Prescribed institutions pursuing objectives principally outside Australia | ||
| Item | Column 1 Name of institution | Column 2 Ending date |
| 1 | Alkitab Inc | none |
| 2 | Asia‑Pacific Christadelphian Bible Mission Incorporated | none |
| 3 | Australian Advisory Council of the Christian Leaders’ Training College of Papua New Guinea | none |
| 4 | Australian Evangelical Alliance Incorporated (Missions Interlink) | none |
| 5 | Steer Incorporated | none |
| 6 | The Trustees of the Marist Missions of the Pacific | none |
| 7 | Zebedee Investments Limited | none |
| 8 | Millennium Relief and Development Services Incorporated | none |
| 9 | The MITRE Corporation | 30 June 2022 |
50‑55.01 Prescribed institutions for items 1.3, 1.4, 6.1 and 6.2 in Division 50 of the Act
For the purposes of paragraph 50‑55(1)(c) of the Act, each institution mentioned in an item in the following table is a prescribed institution until the date specified (if any) in column 2 for the item.
| Prescribed institutions for items 1.3, 1.4, 6.1 and 6.2 in Division 50 of the Act | ||
| Item | Column 1 Name of institution | Column 2 Ending date |
| 1 | Kiribati Phoenix Islands Protected Area Conservation Trust | 30 June 2023 |
Division 51—Exempt amounts
51‑5.01 Defence allowances
(1) For the purposes of items 1.1 and 1.2 of section 51‑5 of the Act, an allowance specified in an item of the following table is prescribed if the allowance is either:
(a) paid under the specified provision of the 2013 allowances determination; or
(b) paid under the specified provision of the conditions determination.
| Prescribed allowances | ||
| Item | Column 1 Allowance | Column 2 Provision |
| 1 | Separation allowance | Division B.3 of the 2013 allowances determination |
| 2 | Disturbance allowance | Division 1 of Part 1 of Chapter 6 of the conditions determination |
| 3 | Rent allowance paid to a member without dependants or to a member with dependants (unaccompanied) | Division 1 of Part 8 of Chapter 7 of the conditions determination |
| 4 | Education assistance | Part 4 of Chapter 8 of the conditions determination |
| 5 | Transfer allowance | Division 3 of Part 3 of Chapter 14 of the conditions determination |
| 6 | Reimbursement of education costs for a child educated at the location of a member’s long‑term posting overseas | Part 6 of Chapter 15 of the conditions determination |
| 7 | Reimbursement of education costs for a child educated in Australia while the member is on a long‑term posting overseas | Division 5 of Part 6 of Chapter 15 of the conditions determination |
| 8 | Deployment allowance | Division 1 of Part 7 of Chapter 17 of the conditions determination |
(2) For the purposes of item 1.7 of the table in section 51‑5 of the Act, sections 14 and 14B of the Ombudsman Regulations 2017 are prescribed.
(3) In this instrument:
2013 allowances determination means DFRT Determination No. 11 of 2013, ADF Allowances, made under section 58H of the Defence Act 1903.
Note: The 2013 allowances determination could in 2021 be viewed on the Defence Force Remuneration Tribunal’s website ( determination means Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903.
Part 2‑20—Tax offsets
Division 61—Generally applicable tax offsets
Subdivision 61‑G—Private health insurance offset complementary to Part 2‑2 of the Private Health Insurance Act 2007
61‑220.01 Private health insurer to provide annual statement to PHIIB if requested
(1) If, during a financial year, a PHIIB insured during an earlier financial year under a complying health insurance policy by a private health insurer (within the meaning of the Private Health Insurance Act 2007) requests a statement about that policy for that earlier year, the private health insurer must provide a statement in accordance with this section.
Note: For complying health insurance policy and PHIIB, see subsection 995‑1(1) of the Act.
(2) The statement must be in the approved form, and provided to the PHIIB within 14 days after the day the request is received.
Note: For approved form, see subsection 995‑1(1) of the Act.
(3) The statement may include information in relation to the following:
(a) the complying health insurance policy held by the PHIIB and payments made under the policy;
(b) the premium, or amounts in respect of the premium, paid during the earlier financial year in relation to the policy;
(c) any reductions of the premium payable, or an amount payable, during the earlier financial year.
Part 2‑25—Trading stock
Division 70—Trading stock
Subdivision 70‑C—Accounting for trading stock you hold at the start or end of the income year
70‑55.01 Cost of natural increase of live stock
For the purposes of paragraph 70‑55(1)(b) of the Act, the cost prescribed for each animal in a class of live stock specified in column 1 of an item in the following table is the amount specified in column 2 of that item.
Cost of natural increase of live stock Item Column 1
Class of live stock
Column 2
Cost $
1 cattle 20.00 2 deer 20.00 3 emus 8.00 4 goats 4.00 5 horses 20.00 6 pigs 12.00 7 poultry 0.35 8 sheep 4.00 Part 2‑40—Rules affecting employees and other taxpayers receiving PAYG withholding payments
Division 83A—Employee share schemes
Subdivision 83A‑A—Objects of Division and key concepts
83A‑5.01 Object of Division 83A
For the purposes of Division 83A of the Act, this Division preserves rules under the former Division 13A of Part III of the Income Tax Assessment Act 1936 about valuing unlisted rights to acquire shares under an employee share scheme.
Subdivision 83A‑E—Miscellaneous
83A‑315.01 Value of certain ESS interests
(1) For the purposes of subsection 83A‑315(1) of the Act, the amount specified, in relation to an ESS interest that is an unlisted right that must be exercised within 15 years after the day when the beneficial interest in the right was acquired is, at the choice of the individual:
(a) the market value of the right; or
(b) the value worked out in accordance with sections 83A‑315.02 to 83A‑315.09.
Note: The meaning of market value is affected by Subdivision 960‑S of the Act. For example, section 960‑410 affects how the market value of a non‑cash benefit is worked out.
(2) However, if the deferred taxing point for the ESS interest is:
(a) the day when the individual disposes of the interest (other than by exercising the right); or
(b) if the individual exercises the right—the day when the individual disposes of the beneficial interest in the share acquired by exercising the right;
the amount specified in relation to the right is the market value of the right or share acquired by exercising the right.
83A‑315.02 Valuing unlisted rights
(1) The value of the unlisted right on a particular day is the greater of:
(a) the market value, on the particular day, of the share that may be acquired by exercising the right, less the lowest amount that must be paid to exercise the right to acquire the beneficial interest in the share; and
(b) subject to sections 83A‑315.03 and 83A‑315.04, the value, on the particular day, of the right to acquire the beneficial interest in the share worked out in accordance with sections 83A‑315.05 to 83A‑315.09.
(2) In working out the value of a right for the purposes of this Division, anything that would prevent or restrict conversion of the right to money is to be disregarded.
83A‑315.03 Exercise price of right nil or cannot be determined
If the lowest amount that must be paid to exercise the right to acquire the beneficial interest in a share is nil or cannot be determined, the value of the right on a particular day is the same as the market value of the share on that day.
83A‑315.04 Value of beneficial interests
To avoid doubt, if an individual acquires the beneficial interest in a share or right, the value that is applicable for the purposes of this Division is the value of the share or right, not the value of the interest in the share or right.
83A‑315.05 Working out the value of a right to acquire the beneficial interest in a share
For the purposes of paragraph 83A‑315.02(1)(b), work out the value, on the particular day, of the right to acquire the beneficial interest in the share, using the following method statement.
Method statement
Step 1: Apply the following formula. The result is the calculation percentage.
Step 2: If the calculation percentage is less than 50%, the value of the right is nil.
If the calculation percentage is equal to, or greater than, 50% but less than 110%, the value of the right is the value worked out under section 83A‑315.08.
If the calculation percentage is equal to, or greater than, 110%, the value of the right is the value worked out under section 83A‑315.09.
83A‑315.08 Calculation percentages of 50% or more, and less than 110%
(1) To work out the value of the right under this section, select the percentage (the calculation percentage) from an item in the following tables that corresponds to:
(a) the period, in months, from the particular day (referred to in section 83A‑315.02) until the last day on which the right may be exercised (the exercise period); and
(b) the calculation percentage;
and then multiply the amount, or lowest amount, that must be paid to exercise the right by the calculation percentage. The result is the value of the right.
Note: The following assumptions were used to work out the calculation percentages:
(a) a risk‑free interest rate of 4%;
(b) a dividend yield of 4%;
(c) volatility of 12%.
Calculation percentages 50 to 92.5 Item Exercise period (months) Calculation percentages 50 to 60 60 to 70 70 to 75 75 to 80 80 to 85 85 to 90 90 to 92.5 1 168 to 180 0.5% 1.3% 2.6% 3.5% 4.6% 5.8% 7.1% 2 156 to 168 0.4% 1.2% 2.5% 3.4% 4.4% 5.7% 7.1% 3 144 to 156 0.4% 1.0% 2.3% 3.2% 4.3% 5.5% 7.0% 4 132 to 144 0.3% 0.9% 2.2% 3.0% 4.1% 5.4% 6.8% 5 120 to 132 0.2% 0.8% 2.0% 2.8% 3.9% 5.2% 6.6% 6 108 to 120 0.2% 0.7% 1.8% 2.6% 3.7% 4.9% 6.4% 7 96 to 108 0.1% 0.6% 1.6% 2.4% 3.4% 4.6% 6.1% 8 84 to 96 0.1% 0.4% 1.3% 2.1% 3.0% 4.3% 5.8% 9 72 to 84 0.1% 0.3% 1.1% 1.7% 2.7% 3.9% 5.4% 10 60 to 72 0.0% 0.2% 0.8% 1.4% 2.2% 3.4% 4.9% 11 48 to 60 0.0% 0.1% 0.5% 1.0% 1.7% 2.8% 4.2% 12 36 to 48 0.0% 0.0% 0.3% 0.6% 1.2% 2.1% 3.4% 13 24 to 36 0.0% 0.0% 0.1% 0.3% 0.6% 1.3% 2.4% 14 18 to 24 0.0% 0.0% 0.0% 0.1% 0.3% 0.9% 1.8% 15 12 to 18 0.0% 0.0% 0.0% 0.0% 0.1% 0.4% 1.1% 16 9 to 12 0.0% 0.0% 0.0% 0.0% 0.1% 0.2% 0.8% 17 6 to 9 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.4% 18 3 to 6 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 19 0 to 3 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Calculation percentages 92.5 to less than to 110 Item Exercise period (months) Calculation percentage 92.5 to 95 95 to 97.5 97.5 to 100 100 to 102.5 102.5 to 105 105 to 107.5 107.5 to less than to 110 20 168 to 180 7.9% 8.6% 9.4% 10.3% 11.2% 12.2% 13.3% 21 156 to 168 7.8% 8.6% 9.4% 10.3% 11.2% 12.2% 13.3% 22 144 to 156 7.7% 8.5% 9.4% 10.3% 11.2% 12.2% 13.3% 23 132 to 144 7.6% 8.4% 9.3% 10.2% 11.2% 12.2% 13.3% 24 120 to 132 7.5% 8.3% 9.2% 10.2% 11.2% 12.2% 13.3% 25 108 to 120 7.2% 8.1% 9.1% 10.0% 11.1% 12.1% 13.3% 26 96 to 108 7.0% 7.9% 8.8% 9.8% 10.9% 12.0% 13.2% 27 84 to 96 6.6% 7.6% 8.5% 9.6% 10.7% 11.8% 13.0% 28 72 to 84 6.2% 7.2% 8.2% 9.2% 10.4% 11.6% 12.8% 29 60 to 72 5.7% 6.7% 7.7% 8.8% 9.9% 11.2% 12.5% 30 48 to 60 5.1% 6.0% 7.0% 8.2% 9.4% 10.7% 12.1% 31 36 to 48 4.2% 5.2% 6.2% 7.4% 8.6% 10.0% 11.4% 32 24 to 36 3.2% 4.1% 5.1% 6.3% 7.6% 9.0% 10.5% 33 18 to 24 2.5% 3.4% 4.4% 5.5% 6.8% 8.3% 9.9% 34 12 to 18 1.7% 2.5% 3.4% 4.6% 6.0% 7.5% 9.2% 35 9 to 12 1.3% 2.0% 2.9% 4.0% 5.4% 7.0% 8.8% 36 6 to 9 0.8% 1.4% 2.2% 3.3% 4.7% 6.4% 8.3% 37 3 to 6 0.3% 0.6% 1.3% 2.4% 3.8% 5.7% 7.8% 38 0 to 3 0.0% 0.1% 0.5% 1.4% 3.0% 5.1% 7.5% (2) If, in relation to a particular right:
(a) the exercise period; or
(b) the calculation percentage;
is the top of one range in the table in subsection (1) and is also the bottom of another range in the table, it is taken to be in the lower range and not in the higher range.
83A‑315.09 Base percentages for calculation percentages of 110% or more
(1) The value of the right worked out under this section, is the amount worked out using the following formula:
where:
additional percentage, for a right with an exercise period specified in an item in column 1 of the table in subsection (2), is the percentage specified in column 3 of the item.
base percentage, for a right with an exercise period specified in an item in column 1 of the table in subsection (2), is the percentage specified in column 2 of the item.
excess is the amount worked out using the following formula, disregarding any fraction:
exercise period for a right is the period, in months, from the particular day (referred to in section 83A‑315.02) until the last day on which the right may be exercised.
(2) The following table sets out base percentages and additional percentages for the purposes of subsection (1).
Base percentages and additional percentages Item Column 1
Exercise period (months)
Column 2
Base percentage
Column 3
Additional percentage
1 168 to 180 13.3% 0.5% 2 156 to 168 13.3% 0.5% 3 144 to 156 13.3% 0.5% 4 132 to 144 13.3% 0.6% 5 120 to 132 13.3% 0.6% 6 108 to 120 13.3% 0.6% 7 96 to 108 13.2% 0.6% 8 84 to 96 13.0% 0.6% 9 72 to 84 12.8% 0.7% 10 60 to 72 12.5% 0.7% 11 48 to 60 12.1% 0.7% 12 36 to 48 11.4% 0.8% 13 24 to 36 10.5% 0.8% 14 18 to 24 9.9% 0.8% 15 12 to 18 9.2% 0.9% 16 9 to 12 8.8% 0.9% 17 6 to 9 8.3% 0.9% 18 3 to 6 7.8% 0.9% 19 0 to 3 7.5% 1.0% Note: The following assumptions were used to work out the base percentages:
(a) a risk‑free interest rate of 4%;
(b) a dividend yield of 4%;
(c) volatility of 12%.
(3) If the exercise period is the top of one range in the table in subsection (2) and is also the bottom of another range in the table, it is taken to be in the lower range and not in the higher range.
Chapter 3—Specialist liability rules
Part 3‑30—Superannuation
Division 290—Contributions to superannuation funds
Subdivision 290‑C—Deducting personal contributions
290‑155.01 Complying superannuation fund condition—prescribed superannuation funds
A superannuation fund is of a kind prescribed for the purposes of subparagraph 290‑155(1)(a)(iii) of the Act if:
(a) the fund has one or more members that have a superannuation interest in the fund that is a defined benefit interest; and
(b) the trustee of the fund elects to have this section apply to the fund; and
(c) the election:
(i) is made before the start of the income year of the fund in which the contribution is made; and
(ii) is not revoked before the start of that year; and
(iii) is made by notifying the Commissioner in the approved form.
Note: For approved form, see subsection 995‑1(1) of the Act.
290‑155.05 Complying superannuation fund condition—prescribed contributions and superannuation funds
For the purposes of paragraph 290‑155(1)(b) of the Act, a contribution to a superannuation fund is a prescribed kind of contribution to a prescribed kind of superannuation fund if:
(a) the contribution is a contribution made to a defined benefit interest; and
(b) the superannuation fund is a fund in relation to which the trustee of the fund has elected that this section apply and the election:
(i) is made before the start of the income year of the fund in which the contribution is made; and
(ii) is not revoked before the start of that year; and
(iii) is made by notifying the Commissioner in the approved form.
Note: For approved form, see subsection 995‑1(1) of the Act.
290‑170.01 Notice of intent to deduct contributions—contributions‑splitting applications
For the purposes of subparagraph 290‑170(2)(d)(i) of the Act, each of the following is a contributions‑splitting application:
(a) an application under regulation 6.44 (application to roll over, transfer or allot an amount of contributions) of the SIS Regulations;
(b) an application under regulation 4.41 (application to roll over, transfer or allot an amount of contributions) of the RSA Regulations;
(c) an application to deal with an amount in a way that would result in the amount becoming a contributions‑splitting superannuation benefit in accordance with the SIS Regulations or the RSA Regulations.
Division 291—Excess concessional contributions
Subdivision 291‑B—Excess concessional contributions
291‑25.01 Concessional contributions for a financial year
(1) For the purposes of subsection 291‑25(3) of the Act, this section specifies conditions for the allocation of an amount in a complying superannuation plan.
Note: If the amount meets the conditions of this section it will be an amount covered under subsection 291‑25(3) of the Act. Such amounts are counted in determining an individual’s concessional contributions for a financial year.
Conditions—general
(2) The conditions are that the amount is:
(a) allocated under Division 7.2 of the SIS Regulations; and
(b) an assessable contribution; and
(c) not an amount mentioned in item 2 of the table in subsection 295‑190(1) of the Act; and
(d) not an amount mentioned in subsection 295‑200(2) of the Act; and
(e) not an amount mentioned in subsection 99G(6) of the Superannuation Industry (Supervision) Act 1993 that is refunded in accordance with that subsection.
Conditions—amount allocated from a reserve
(3) If the amount is allocated from a reserve and the amount does not meet the conditions in subsection (2), the conditions are that:
(a) neither subsection (4) nor (5) applies to the amount; and
(b) the amount is not an amount mentioned in subsection 99G(6) of the Superannuation Industry (Supervision) Act 1993 that is refunded in accordance with that subsection.
(4) This subsection applies if:
(a) the amount is allocated, in a fair and reasonable manner:
(i) to an account for every member of the complying superannuation plan; or
(ii) if the member is a member of a class of members of the complying superannuation plan, and the amount in the reserve relates only to that class of members—to an account for every member of the class; and
(b) the amount that is allocated for the financial year is less than 5% of the value of the member’s interest in the complying superannuation plan at the time of allocation; and
(c) the amount would not be assessable income of the complying superannuation plan if it were made as a contribution.
(5) This subsection applies if the amount is allocated from a reserve used solely for the purpose of enabling the complying superannuation plan to discharge all or part of its liabilities (contingent or not), as soon as they become due, in respect of superannuation income stream benefits that are payable by the complying superannuation plan at that time, and any of the following applies:
(a) the amount has been allocated to satisfy a pension liability of the plan paid during the financial year;
(b) on the commutation of a superannuation income stream, except as a result of the death of the primary beneficiary, the amount is allocated to the recipient of the superannuation income stream, to commence another superannuation income stream, as soon as practicable;
(c) on the commutation of a superannuation income stream as a result of the death of the primary beneficiary, the amount:
(i) is allocated to a death benefits dependant to discharge liabilities in respect of a superannuation income stream benefit that is payable by the plan as a result of the death; or
(ii) if subparagraph (i) does not apply—is paid as a superannuation lump sum and as a superannuation death benefit;
as soon as practicable.
(6) If the amount is allocated from a reserve in lieu of a contribution to the complying superannuation plan (less any allowance for tax) which would have been assessable income of the complying superannuation plan, the amount that is allocated is to be multiplied by 1.176.
Subdivision 291‑C—Modifications for defined benefit interests
291‑170.01 Treatment of superannuation sub‑funds
If there are 2 or more superannuation sub‑funds in relation to defined benefit members of a superannuation fund, apply this Subdivision and Schedule 1A to the superannuation fund separately in respect of each superannuation sub‑fund.
291‑170.02 Notional taxed contributions—contributions for funds with 5 or more defined benefit members
(1) For the purposes of subsection 291‑170(1) of the Act, this section gives the meaning of notional taxed contributions for a financial year in respect of the defined benefit interest of a member of:
(a) a superannuation fund that has 5 or more defined benefit members (other than a fund to which paragraph (6)(a) of this section applies); or
(b) a superannuation fund to which subsection (3), (4), (5) or (6) of this section applies.
Note: Section 291‑170.04 specifies circumstances in which, despite this section, the amount of notional taxed contributions is nil.
(2) The notional taxed contributions are the contributions that are determined by the trustee of the superannuation fund to be notional taxed contributions, using the method set out in Schedule 1A.
(3) If a superannuation fund has 5 or more defined benefit members on 1 July 2007, this subsection applies to the fund even if the number of defined benefit members of the fund becomes less than 5 at any time on or after 1 July 2007.
(4) This subsection applies to a superannuation fund if:
(a) the fund had 5 or more defined benefit members at any time before 1 July 2007; and
(b) the fund had fewer than 5 defined benefit members on 1 July 2007; and
(c) the fund had been in existence for 5 or more years at 1 July 2007; and
(d) the trustee of the fund is an RSE licensee; and
(e) the employer‑sponsor of the fund deals with each of the defined benefit members at arm’s length.
(5) If:
(a) subsection (3) or (4) applies to a superannuation fund (fund 1); and
(b) the defined benefit members of fund 1 are transferred to another superannuation fund (fund 2) on or after 1 July 2007 (whether directly or through a series of transfers between superannuation funds); and
(c) the trustee of fund 2 is an RSE licensee; and
(d) the employer‑sponsor of fund 2 deals with each of the defined benefit members of fund 2 at arm’s length;
this subsection applies to fund 2.
(6) This subsection applies to a superannuation fund if:
(a) the fund had no defined benefit members on 30 June 2007; and
(b) a person became a defined benefit member of the fund after that date; and
(c) the number of defined benefit members of the fund (including the person) is at least 50; and
(d) the employer‑sponsor of the fund deals with each of the defined benefit members at arm’s length.
291‑170.03 Notional taxed contributions—contributions for funds to which section 291‑170.02 does not apply
(1) For the purposes of subsection 291‑170(1) of the Act, this section gives the meaning of notional taxed contributions for a financial year in respect of the defined benefit interest of a member of a superannuation fund (other than a superannuation fund to which section 291‑170.02 of this instrument applies).
Note: Section 291‑170.04 specifies circumstances in which, despite this section, the amount of notional taxed contributions is nil.
(2) The member’s notional taxed contributions for the financial year are:
(a) the amounts of assessable contributions which have been allocated to the member in the financial year in accordance with regulation 7.11 of the SIS Regulations; and
(b) if an amount is allocated to the member from a reserve, other than in the circumstances mentioned in subsection (3):
(i) the amount, unless subparagraph (ii) applies; or
(ii) if the amount is allocated in lieu of a contribution to the fund (less any allowance for tax) which would have been assessable income of the fund—the amount multiplied by 1.176.
Example: An employer has an obligation to make a $1,000 contribution. Instead of the employer making a contribution to the fund, the trustee allocates $850 to the member’s account (which is an amount equivalent to the amount that would be credited to the account after tax was paid). For the purposes of subparagraph (b)(ii), the amount of $850 is to be multiplied by 1.176.
(3) For the purposes of paragraph (2)(b), the circumstances are that:
(a) the amount is allocated from a reserve used solely for the purpose of enabling the fund to discharge all or part of its liabilities (contingent or not), as soon as they become due, in respect of superannuation income stream benefits that are payable by the fund at that time; and
(b) any of the circumstances in subsection (4) apply.
(4) For the purposes of paragraph (3)(b), the circumstances are the following:
(a) the amount has been allocated to satisfy a pension liability of the fund paid during the financial year;
(b) on the commutation of a superannuation income stream, except as a result of the death of the primary beneficiary, the amount is allocated to the recipient of the superannuation income stream, to commence another superannuation income stream, as soon as practicable;
(c) on the commutation of a superannuation income stream as a result of the death of the primary beneficiary, the amount:
(i) is allocated to a death benefits dependant to discharge liabilities in respect of a superannuation income stream benefit that is payable by the fund as a result of the death; or
(ii) if subparagraph (i) does not apply—is paid as a superannuation lump sum and as a superannuation death benefit;
as soon as practicable.
291‑170.04 Notional taxed contributions—nil amount
(1) For the purposes of subsection 291‑170(1) of the Act, this section specifies circumstances in which the amount of notional taxed contributions for a financial year in respect of the defined benefit interest of a member of a superannuation fund is nil.
(2) This section applies despite sections 291‑170.02 and 291‑170.03.
(3) A circumstance is that:
(a) the defined benefit interest is held in a public sector superannuation scheme; and
(b) none of the interest is sourced to any extent from:
(i) contributions made into a superannuation fund; or
(ii) earnings on such contributions;
unless the interest is an element taxed in the fund that is attributable to one or more roll‑over superannuation benefits.
(4) A circumstance is that, for the whole of the financial year:
(a) section 291‑170.02 applied in relation to the superannuation fund; and
(b) the member was a non‑accruing member of the fund for the financial year (see subsections (5) to (8) of this section).
(5) The member was a non‑accruing member of the fund for the financial year if the member had no membership of the fund during the financial year other than membership as:
(a) an on‑hold member; or
(b) a pensioned member.
Note: A member could be an on‑hold member of a fund for part of a financial year, and a pensioned member of the fund for another part of the financial year.
(6) The member was an on‑hold member of the fund if:
(a) the member had a benefit entitlement in the fund, but no employer‑provided benefits accrued to the member; and
(b) the rules of the fund provided that the benefit:
(i) was not to increase in nominal terms; or
(ii) was to increase at a rate reflecting general price increases (for example, in accordance with the Consumer Price Index); or
(iii) was to increase at a rate reflecting the general level of salary growth or salary growth for relevant fund membership (for example, in accordance with average weekly earnings, or average weekly ordinary time earnings, published by the Australian Statistician); or
(iv) was to increase at the rate (if any) at which the salary on which the member’s benefit was based increased; or
(v) was to increase at a rate reflecting the earning rate of the assets of the fund or the part of the fund to which the member belonged; or
(vi) in the case of a deferred benefit—was to increase at a rate reflecting any reduction in the expected period in which pension payments were to be made and any deferral of the date when payments would start; or
(vii) was to increase at a regular rate, or a rate worked out using a formula, that an actuary considered would not result in an increase that was more than the greatest of the increases mentioned in subparagraphs (i) to (vi).
(7) The member was a pensioned member of the fund if:
(a) the member’s membership of the fund consisted only of the member receiving pension payments from the superannuation fund; and
(b) any of the following applied:
(i) the pension payments were always the same amount;
(ii) the pension payments were paid from an account that related only to the member, and no employer contributions were paid to the account for the benefit of the member;
(iii) the pension payments increased at rates that were consistent with the rates prescribed under the rules of the fund that applied when the pension commenced to be paid.
(8) For the purposes of determining whether a defined benefit member is a non‑accruing member of the fund for a period, any employer contributions paid to the fund for the period to meet partially, or wholly, unfunded benefit liabilities of the fund are not to be treated as employer contributions for the benefit of the member for the period.
291‑170.05 Notional taxed contributions—conditions for paragraph 291‑170(2)(d) and subparagraph 291‑170(3)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997
(1) For the purposes of paragraph 291‑170(2)(d) and subparagraph 291‑170(3)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997, this section:
(a) applies in relation to a superannuation fund to which section 291‑170.02 of this instrument applies; and
(b) specifies the conditions that are to be satisfied in relation to establishing whether a defined benefit member of the fund’s notional taxed contributions for a financial year in respect of a defined benefit interest in the fund are equal to the member’s basic concessional contributions cap for the financial year.
(2) A condition is that between 5 September 2006 and the time at which the new entrant rate for the defined benefit member is worked out using Schedule 1A:
(a) the rules of any superannuation fund in which a relevant 2006 interest was held during that period have not changed to improve the member’s benefit; and
(b) any of the following apply:
(i) the member has not moved to a new benefit category;
(ii) the member has moved to a new benefit category but the new benefit category does not provide the member with an improved level of benefit;
(iii) the member has moved to a new benefit category but the move was only as a result of the necessary application of the rules of a superannuation fund referred to in paragraph (a) that were, or of legislation that was, in force on 5 September 2006 and the member had no control over the application of the rules or legislation.
(3) A condition is that the new entrant rate for the defined benefit member, as worked out:
(a) before 1 July 2021—using Schedule 1A to the Income Tax Assessment Regulations 1997; and
(b) on or after 1 July 2021—using Schedule 1A to this instrument;
either:
(c) has not increased since it was first worked out; or
(d) has increased since it was first worked out only as a result of the following:
(i) a change to the rules of a superannuation fund in which a relevant 2006 interest is or was held that increases a benefit as a result of a change that is made to satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992;
(ii) the member moving to a new benefit category because of the necessary application of the rules of a superannuation fund referred to in subparagraph (i) that were, or of legislation that was, in force on 5 September 2006, if the member had no control over the application of the rules or legislation.
(4) A condition is that the method of calculating the defined benefit member’s superannuation salary:
(a) has not been changed, in a way that would increase the salary, since 5 September 2006; or
(b) has changed since 5 September 2006 only as a result of a change to the rules of a superannuation fund in which a relevant 2006 interest is or was held that increases a benefit as a result of a change that is made to satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992.
(5) A condition is that either:
(a) the rate of the defined benefit member’s superannuation salary has not increased, since 5 September 2006, by more than:
(i) 50% in 1 year; or
(ii) 75% over 3 years; or
(b) the rate of superannuation salary has increased by more than the rate in subparagraph (a)(i) or (ii) and:
(i) the employer‑sponsor of the superannuation fund in which, immediately after the rate increase, a relevant 2006 interest was held has advised the trustee of that fund that the increase in the rate is on an arm’s length basis; and
(ii) the trustee of a superannuation fund in which a relevant 2006 interest was held after the rate increase notified the Commissioner, in writing, of the increase in the rate as soon as practicable after the increase occurred.
(6) A condition is that no trustee or employer‑sponsor of any superannuation fund in which a relevant 2006 interest is or was held has exercised a discretion to pay a benefit that is greater than the benefit that was assumed for the purpose of calculating the new entrant rate since 5 September 2006.
291‑170.07 Notional taxed contributions—conditions for paragraph 291‑170(4)(d) and subparagraph 291‑170(5)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997
(1) For the purposes of paragraph 291‑170(4)(d) and subparagraph 291‑170(5)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997, this section:
(a) applies in relation to a superannuation fund to which section 291‑170.02 of this instrument applies; and
(b) specifies the conditions that are to be satisfied in relation to establishing whether a defined benefit member of the fund’s notional taxed contributions for a financial year in respect of a defined benefit interest in the fund are equal to the member’s basic concessional contributions cap for the financial year.
(i) voluntary exit; or
(ii) redundancy that is not bona fide;
which exceeds the benefit assumed in calculating the new entrant rate for the benefit category to which the member belongs at the time the benefit is paid—the increased exit benefit adjustment amount equals an amount worked out on advice from an actuary that represents the amount of the excess; and
(b) for any other financial year—the increased exit benefit adjustment amount equals zero.
Part 5—Member has changed benefit category
Method of working out the category change or discretion adjustment amount in the formula in subclause 4(2)
(1) For the purposes of the formula in subclause 4(2):
(a) for a financial year in which the member’s accrued retirement benefit increases as a result of:
(i) a change of benefit category; or
(ii) an exercise of discretion;
the category change or discretion adjustment amount equals an amount worked out on advice from an actuary that represents the increase in the value of the accrued retirement benefit, if any, as a result of the change in benefit category or the exercise of the discretion; and
(b) for any other financial year—the category change or discretion adjustment amount equals zero.
(2) The economic, decrement and other parameters and the other assumptions to be used are set out in Part 3.
Part 6—Governing rules have changed
Method of working out governing rules change adjustment amount in the formula in subclause 4(2)
(1) For the purposes of the formula in subclause 4(2):
(a) for a financial year in which there is an amendment of the governing rules (within the meaning of subsection 10(1) of the SIS Act) of the defined benefit fund that:
(i) may result in an increase in the member’s benefit; and
(ii) is made for a reason other than to satisfy a legislative requirement;
the governing rules change adjustment amount equals an amount worked out on advice from an actuary that represents the increase in the value of the accrued retirement benefit, if any, that accrued to the member as a result of the amendment to the governing rules; and
(b) for any other financial year—the governing rules change adjustment amount equals zero.
(2) The economic, decrement and other parameters and the other assumptions to be used are set out in Part 3.
Part 7—Non‑arm’s length increase in superannuation salary
23 Method of working out the increased superannuation salary adjustment amount in the formula in subclause 4(2)
(1) For the purposes of the formula in subclause 4(2):
(a) for a financial year in which the member’s superannuation salary is increased in a non‑arm’s length way with the primary purpose of achieving an increase in superannuation benefit—the increased superannuation salary adjustment amount equals an amount worked out on advice from an actuary that represents the increase in the value of the accrued retirement benefit, if any, that accrued to the member as a result of the change in superannuation salary; and
(b) for any other financial year—the increased superannuation salary adjustment amount equals zero.
(2) The economic, decrement and other parameters and the other assumptions to be used are set out in Part 3.
Schedule 1B—Valuation factors
Note: See sections 307‑205.01A and 307‑205.02.
1 Income stream valuation factors
(1) For the purposes of paragraph 307‑205.01A(3)(b), the applicable factor for the superannuation income stream is the factor given in the table in subclause (3) (table 1) at the age which is the greater of:
(a) the minimum age at which a retirement benefit can be taken without requiring the consent of the employer; and
(b) the member’s actual age as at the member’s last birthday before 1 July 2007.
(2) For the purposes of subparagraph 307‑205.02(3)(a)(ii), the applicable factor for the superannuation income stream is:
(a) if the superannuation income stream is payable for the life of the member—the factor given in the table in subclause (3) (table 1) for the age of the member at the member’s last birthday before the day after the date on which the superannuation income stream is to be valued; or
(b) if the superannuation income stream is payable for a fixed term—the factor given in the table in subclause (4) (table 2) for the number of complete years remaining in the term of the superannuation income stream on the day preceding the date on which the superannuation income stream is to be valued.
(3) The following is table 1.
| Table 1 | |||
| Item | Age | Factor for indexed lifetime income stream | Factor for non‑indexed lifetime income stream |
| 1 | 18 | 23.238 | 15.405 |
| 2 | 19 | 23.158 | 15.385 |
| 3 | 20 | 23.084 | 15.366 |
| 4 | 21 | 23.016 | 15.349 |
| 5 | 22 | 22.956 | 15.334 |
| 6 | 23 | 22.906 | 15.322 |
| 7 | 24 | 22.862 | 15.312 |
| 8 | 25 | 22.816 | 15.302 |
| 9 | 26 | 22.763 | 15.289 |
| 10 | 27 | 22.694 | 15.271 |
| 11 | 28 | 22.612 | 15.248 |
| 12 | 29 | 22.523 | 15.223 |
| 13 | 30 | 22.422 | 15.194 |
| 14 | 31 | 22.310 | 15.160 |
| 15 | 32 | 22.193 | 15.124 |
| 16 | 33 | 22.076 | 15.086 |
| 17 | 34 | 21.950 | 15.045 |
| 18 | 35 | 21.821 | 15.002 |
| 19 | 36 | 21.691 | 14.958 |
| 20 | 37 | 21.553 | 14.911 |
| 21 | 38 | 21.410 | 14.861 |
| 22 | 39 | 21.266 | 14.809 |
| 23 | 40 | 21.113 | 14.754 |
| 24 | 41 | 20.956 | 14.695 |
| 25 | 42 | 20.790 | 14.632 |
| 26 | 43 | 20.609 | 14.562 |
| 27 | 44 | 20.421 | 14.487 |
| 28 | 45 | 20.229 | 14.409 |
| 29 | 46 | 20.030 | 14.326 |
| 30 | 47 | 19.823 | 14.239 |
| 31 | 48 | 19.610 | 14.148 |
| 32 | 49 | 19.391 | 14.052 |
| 33 | 50 | 19.164 | 13.950 |
| 34 | 51 | 18.931 | 13.844 |
| 35 | 52 | 18.691 | 13.732 |
| 36 | 53 | 18.443 | 13.615 |
| 37 | 54 | 18.189 | 13.492 |
| 38 | 55 | 17.927 | 13.364 |
| 39 | 56 | 17.659 | 13.230 |
| 40 | 57 | 17.383 | 13.089 |
| 41 | 58 | 17.100 | 12.943 |
| 42 | 59 | 16.810 | 12.790 |
| 43 | 60 | 16.513 | 12.631 |
| 44 | 61 | 16.209 | 12.465 |
| 45 | 62 | 15.891 | 12.287 |
| 46 | 63 | 15.558 | 12.099 |
| 47 | 64 | 15.213 | 11.900 |
| 48 | 65 | 14.861 | 11.693 |
| 49 | 66 | 14.506 | 11.480 |
| 50 | 67 | 14.144 | 11.260 |
| 51 | 68 | 13.775 | 11.032 |
| 52 | 69 | 13.396 | 10.794 |
| 53 | 70 | 13.011 | 10.548 |
| 54 | 71 | 12.627 | 10.297 |
| 55 | 72 | 12.230 | 10.035 |
| 56 | 73 | 11.815 | 9.756 |
| 57 | 74 | 11.398 | 9.471 |
| 58 | 75 | 10.983 | 9.183 |
| 59 | 76 | 10.566 | 8.889 |
| 60 | 77 | 10.144 | 8.587 |
| 61 | 78 | 9.723 | 8.282 |
| 62 | 79 | 9.314 | 7.980 |
| 63 | 80 | 8.898 | 7.669 |
| 64 | 81 | 8.486 | 7.357 |
| 65 | 82 | 8.087 | 7.051 |
| 66 | 83 | 7.697 | 6.748 |
| 67 | 84 | 7.323 | 6.455 |
| 68 | 85 | 6.966 | 6.172 |
| 69 | 86 | 6.627 | 5.901 |
| 70 | 87 | 6.311 | 5.647 |
| 71 | 88 | 6.010 | 5.402 |
| 72 | 89 | 5.728 | 5.171 |
| 73 | 90 | 5.465 | 4.954 |
| 74 | 91 | 5.218 | 4.750 |
| 75 | 92 | 4.991 | 4.561 |
| 76 | 93 | 4.773 | 4.379 |
| 77 | 94 | 4.566 | 4.205 |
| 78 | 95 | 4.360 | 4.031 |
(4) The following is table 2.
| Table 2 | |||
| Item | Number of years | Factor for indexed fixed‑term income stream | Factor for non‑indexed fixed‑term income stream |
| 1 | 0 | 0.000 | 0.000 |
| 2 | 1 | 0.981 | 0.969 |
| 3 | 2 | 1.925 | 1.879 |
| 4 | 3 | 2.834 | 2.734 |
| 5 | 4 | 3.709 | 3.536 |
| 6 | 5 | 4.550 | 4.289 |
| 7 | 6 | 5.360 | 4.996 |
| 8 | 7 | 6.140 | 5.661 |
| 9 | 8 | 6.891 | 6.284 |
| 10 | 9 | 7.613 | 6.870 |
| 11 | 10 | 8.308 | 7.420 |
| 12 | 11 | 8.977 | 7.936 |
| 13 | 12 | 9.621 | 8.421 |
| 14 | 13 | 10.241 | 8.876 |
| 15 | 14 | 10.837 | 9.303 |
| 16 | 15 | 11.411 | 9.705 |
| 17 | 16 | 11.963 | 10.081 |
| 18 | 17 | 12.495 | 10.435 |
| 19 | 18 | 13.007 | 10.768 |
| 20 | 19 | 13.499 | 11.079 |
| 21 | 20 | 13.973 | 11.372 |
| 22 | 21 | 14.430 | 11.647 |
| 23 | 22 | 14.869 | 11.906 |
| 24 | 23 | 15.291 | 12.148 |
| 25 | 24 | 15.698 | 12.376 |
| 26 | 25 | 16.090 | 12.590 |
| 27 | 26 | 16.466 | 12.790 |
| 28 | 27 | 16.829 | 12.979 |
| 29 | 28 | 17.178 | 13.156 |
| 30 | 29 | 17.514 | 13.322 |
| 31 | 30 | 17.837 | 13.478 |
2 Lump sum valuation factors
(1) For the purposes of subparagraph 307‑205.02(3)(b)(ii), the applicable factor for the superannuation lump sum is the discount valuation factor mentioned in subclause (3) that applies for the minimum deferral period.
(2) For the purposes of this clause, the minimum deferral period in relation to a lump sum that is to be paid at a time after the date on which the interest in respect of which the lump sum is payable is to be valued is the number of complete years between the day before the date on which the interest is to be valued and the earliest date at which the lump sum can be paid.
(3) The following table sets out the discount valuation factors, in accordance with the following principles:
(a) the factors in column 2 of the table apply if the lump sum is not indexed;
(b) the factors in column 3 of the table apply if the lump sum is indexed in accordance with the Consumer Price Index;
(c) the factors in column 4 of the table apply if the lump sum is indexed in accordance with a general wage index (for example, average weekly earnings, or average weekly ordinary time earnings, published by the Australian Bureau of Statistics);
(d) if the lump sum is indexed in accordance with a fund crediting rate, the factor is 1.
| Discount valuation factors | ||||
| Item | Column 1 Minimum deferral period | Column 2 Lump sum not indexed | Column 3 CPI indexed lump sum | Column 4 Wage indexed lump sum |
| 1 | 0 | 1.000 | 1.000 | 1.000 |
| 2 | 1 | 0.939 | 0.963 | 0.977 |
| 3 | 2 | 0.882 | 0.927 | 0.954 |
| 4 | 3 | 0.829 | 0.892 | 0.932 |
| 5 | 4 | 0.779 | 0.859 | 0.910 |
| 6 | 5 | 0.732 | 0.827 | 0.889 |
| 7 | 6 | 0.689 | 0.797 | 0.869 |
| 8 | 7 | 0.648 | 0.768 | 0.849 |
| 9 | 8 | 0.610 | 0.740 | 0.830 |
| 10 | 9 | 0.575 | 0.714 | 0.811 |
| 11 | 10 | 0.542 | 0.688 | 0.793 |
| 12 | 11 | 0.511 | 0.664 | 0.776 |
| 13 | 12 | 0.483 | 0.641 | 0.759 |
| 14 | 13 | 0.456 | 0.619 | 0.742 |
| 15 | 14 | 0.431 | 0.598 | 0.727 |
| 16 | 15 | 0.409 | 0.579 | 0.711 |
| 17 | 16 | 0.387 | 0.560 | 0.697 |
| 18 | 17 | 0.368 | 0.542 | 0.683 |
| 19 | 18 | 0.350 | 0.525 | 0.669 |
| 20 | 19 | 0.333 | 0.509 | 0.656 |
| 21 | 20 | 0.318 | 0.494 | 0.644 |
| 22 | 21 | 0.304 | 0.480 | 0.632 |
| 23 | 22 | 0.291 | 0.467 | 0.621 |
| 24 | 23 | 0.279 | 0.454 | 0.610 |
| 25 | 24 | 0.269 | 0.443 | 0.600 |
| 26 | 25 | 0.259 | 0.432 | 0.590 |
| 27 | 26 | 0.250 | 0.422 | 0.582 |
| 28 | 27 | 0.243 | 0.413 | 0.573 |
| 29 | 28 | 0.236 | 0.404 | 0.565 |
| 30 | 29 | 0.229 | 0.397 | 0.558 |
| 31 | 30 | 0.224 | 0.390 | 0.552 |
Schedule 1C—Farm management deposits—statements to be read by depositors
Note: See section 393‑20.02.
Part 1—Statements
Statements for the purposes of paragraph 393‑20.02(a)
(1) This clause sets out statements for the purposes of paragraph 393‑20.02(a).
Authorised deposit‑taking institution
(2) The first statement is as follows:
The FMD provider issuing this application form is an authorised deposit‑taking institution for the purposes of the Banking Act 1959.
(3) A form used to apply to an FMD provider to make a farm management deposit may only contain the first statement if the FMD provider is an ADI.
Financial Claims Scheme
(4) The second statement is as follows:
The account holder may be entitled to payment under the Financial Claims Scheme. Payments under the Financial Claims Scheme are subject to a limit for each depositor in respect of total deposits held by that depositor at a locally incorporated authorised deposit‑taking institution. For further information contact the Australian Prudential Regulation Authority or visit statements
Statements for the purposes of paragraph 393‑20.02(b)
(1) This clause sets out statements for the purposes of paragraph 393‑20.02(b).
(2) The statements are as follows:
Purpose of farm management deposits scheme
The farm management deposits scheme is designed to allow individuals carrying on a primary production business in Australia to shift before‑tax income from years when they need it least to years when it is most needed. The scheme helps those individuals to manage their exposure to adverse economic events and seasonal fluctuations.
Eligibility criteria apply to individuals carrying on a primary production business in Australia under the scheme.
Note: Primary production business and carrying on a primary production business are explained in subsection 995‑1(1) of the Income Tax Assessment Act 1997.
Tax consequences of farm management deposits
The scheme allows individuals carrying on a primary production business in Australia to deduct the amount of any farm management deposit they own from their assessable income for the income year in which the deposit is made. However, the amount of the deductions cannot exceed the owner’s taxable primary production income for the income year.
Under the Pay As You Go system, owners may reduce their instalment income for an instalment period by the amount of farm management deposits made during that period. The reduction is limited to the amount that the owners can reasonably expect to deduct for the deposit for the income year in which the deposit is made. However, the instalment income for the period cannot be reduced below nil.
When a farm management deposit is repaid to an owner in an instalment period, the instalment income of the period will include the amount of the repayment. But the owner’s instalment income will only include so much of the repayment as will be included in the owner’s assessable income for the income year in which the repayment is made.
If neither the owner’s tax file number nor Australian Business Number has been quoted to the FMD provider that holds the deposit, the amount repaid will also be subject to withholding at a rate equal to the sum of the top marginal tax rate and the Medicare levy.
Important requirements for farm management deposits
Some of the requirements for farm management deposits are summarised below. There are also other requirements set out in the Income Tax Assessment Act 1997. A breach of some of the requirements will result in the deposit not being treated as a farm management deposit, and the tax benefits will be lost.
• The owner must be an individual who is carrying on a primary production business in Australia when the deposit is made.
• The deposit must be made by only one individual and on behalf of only one individual.
• Rights of the depositor must not be transferable to another entity.
• The deposit must not be used as security for any amount that the depositor or any other entity owes to the FMD provider or any other entity.
• Interest or other earnings on the deposit must not be invested as a farm management deposit with the FMD provider without having first been paid to the depositor.
• If the depositor requests in writing, the FMD provider must electronically transfer the deposit, or part of the deposit, to another FMD provider that agrees to accept it as a farm management deposit.
• The FMD provider must not deduct any fees from the principal of a farm management deposit. However, it may charge fees on the deposit.
Repayment of farm management deposits
The tax benefits are not retained for deposit amounts repaid within the first 12 months after the deposit was made, unless the repayment is made:
(a) because the owner:
(i) dies; or
(ii) becomes bankrupt; or
(iii) ceases to carry on a primary production business in Australia and does not start carrying on such a business again within 120 days; or
(iv) has requested the deposit, or part of the deposit, to be transferred to another FMD provider and the repayment relates to the transfer; or
(b) because the circumstances specified in subsection 393‑40(3) of the Income Tax Assessment Act 1997 or in regulations made for the purposes of that subsection, relating to repayment in the event of severe drought, exist; or
(c) because the circumstances specified in subsection 393‑40(3A) of the Income Tax Assessment Act 1997 or in regulations made for the purposes of that subsection, relating to repayment in the event of a natural disaster, exist.
Part 3—Additional information
Additional information for the purposes of paragraph 393‑20.02(c)
(1) For the purposes of paragraph 393‑20.02(c), a form used to apply to an FMD provider to make a farm management deposit must include statements setting out the additional information referred to in subclauses (2) to (8).
(2) The amount that is the minimum deposit threshold (the amount stated in item 4 of the table in section 393‑35 of the Act).
(3) The amount that is the maximum deposit limit (the amount stated in item 10 of the table in section 393‑35 of the Act).
(4) An individual can own more than one farm management deposit, and can own farm management deposits with different FMD providers, but the sum of the balances of all of the farm management deposits of an owner claimed as a deduction must not be more than the maximum deposit limit.
(5) The amount of any repayment of the deposit must be at least the amount stated in item 12 of the table in section 393‑35 of the Act, except where the entire amount of the deposit is repaid.
(6) The deposit will not be deductible if taxable non‑primary production income for the year of income exceeds the amount stated in paragraph 393‑5(1)(d) of the Act.
(7) If neither the owner’s tax file number nor Australian Business Number has been quoted to the FMD provider, any repayment will be subject to the withholding rate, which is the sum of:
(a) the top marginal tax rate for the income year in the year of deposit; and
(b) the Medicare levy.
Note 1: The top marginal tax rate is the maximum rate specified in the table in Part I of Schedule 7 to the Income Tax Rates Act 1986 that relates to the income year.
Note 2: The Medicare levy is specified in subsection 6(1) of the Medicare Levy Act 1986.
(8) If the deposit is used to offset a liability to pay interest on debts to the FMD provider that do not wholly relate to a primary production business that the owner (or a partnership of which the owner is a partner) carries on, the owner is liable to an administrative penalty of up to 200% of that offset.
Schedule 2—Translation of currency amounts—rules and other requirements
Note: See item 12 of the table in subsection 960‑50(6) of the Act, as modified, and section 960‑50.01 of this instrument.
Part 1—Rules and requirements for item 12 of the table in subsection 960‑50(6) of the Act
1 Exchange rate—consistency with accounting standards used by entity
For the purposes of item 12 of the table in subsection 960‑50(6) of the Act, as modified by subsection 960‑50.01(2) of this instrument, if:
(a) a financial report (within the meaning of the Corporations Act 2001) prepared by an entity:
(i) complies with the accounting standards under the Corporations Act 2001; and
(ii) translates amounts into Australian currency using particular exchange rates; and
(iii) has been audited in accordance with the Corporations Act 2001; and
(b) the entity, or another entity, wishes to translate an amount into Australian currency in accordance with that item, using the exchange rate used in that financial report to translate a corresponding amount;
the entity mentioned in paragraph (b) must translate all amounts into Australian currency using the exchange rates that were used in that financial report to translate corresponding amounts.
2 Choice of daily exchange rate
(1) For the purposes of item 12 of the table in subsection 960‑50(6) of the Act, as modified by subsection 960‑50.01(2) of this instrument, an entity may translate all amounts of a particular currency, relating to a particular day, into Australian currency using an exchange rate that is applicable at a time, on that day, chosen by the entity (a daily exchange rate).
(2) If the entity chooses a daily exchange rate relating to a particular day, the entity must choose a daily exchange rate relating to each subsequent day in the income year using the same time of the day as the time to which the first daily exchange rate related.
(3) However:
(a) the entity is not permitted to translate amounts using a daily exchange rate if the use of the rate would not be appropriate having regard to the entity’s business or activities; and
(b) the entity must obtain the rate from a source that is not an associate of the entity, and not the entity itself, unless the Commissioner notifies the entity that it may obtain the rate from one or more specified sources; and
(c) the entity must translate amounts relating to the relevant day using that rate.
Example: If an entity is a trader that takes currency positions as part of its business, the use of a single exchange rate for its activities on a day would not be appropriate having regard to its business.
Note: For associate, see subsection 995‑1(1) of the Act.
3 Choice of average exchange rate
(1) For the purposes of item 12 of the table in subsection 960‑50(6) of the Act, as modified by subsection 960‑50.01(2) of this instrument, an entity may, in a period, translate an amount into Australian currency using an exchange rate that is an average of all of the exchange rates that are applicable during a period, not exceeding 12 months, that is chosen by the entity (an average exchange rate).
(2) However:
(a) the entity is not permitted to translate an amount using an average exchange rate unless it appears to the entity on reasonable grounds that the rate would be a reasonable approximation of the exchange rate or rates that the entity would have used if the entity had used the exchange rate required by another appropriate item of the table in subsection 960‑50(6) of the Act; and
(b) the entity must obtain:
(i) all of the exchange rates that it will use to work out the average exchange rate; or
(ii) an average exchange rate that has been worked out for a particular period;
from one or more sources that are not associates of the entity, and not the entity itself, unless the Commissioner notifies the entity that it may obtain the rate or rates from one or more specified sources; and
(c) the entity must translate amounts relating to the relevant period using the rate.
Note 1: Item 12 of the table in subsection 960‑50(6) of the Act is available as an alternative to the special translation rules in items 1 to 11A (inclusive) in that table. Therefore, this subclause requires the entity to consider whether using the translation rules in item 12 would lead to a reasonable approximation with the translation rules in another appropriate item of the table.
Note 2: For associate, see subsection 995‑1(1) of the Act.
Part 2—Translation of foreign currency amounts into Australian currency—rules and requirements for item 11A of the table in subsection 960‑50(6) of the Act
4 Exchange rate—consistency with an entity’s financial records
For the purposes of item 11A of the table in subsection 960‑50(6) of the Act, as modified by subsection 960‑50.01(2) of this instrument, if:
(a) an entity keeps financial records (within the meaning of the Corporations Act 2001) of the exchange rates that the entity uses to translate amounts into Australian currency; and
(b) the entity, or another entity, translates an amount to which the records correspond into Australian currency in accordance with item 11A;
the exchange rate that the entity mentioned in paragraph (b) uses must be the same as the exchange rate specified in those records for translating the amount into Australian currency.
Schedule 3—Approved stock exchanges
Note: See section 995‑1.02.
1 Approved stock exchanges
The following table specifies approved stock exchanges for the purposes of section 995‑1.02.
| Approved stock exchanges | |
| Item | Approved stock exchange |
| Argentina | |
| 1 | Buenos Aires Stock Exchange |
| Australia | |
| 2 | ASX, also known as Australian Securities Exchange |
| 3 | Chi‑X Australia |
| 4 | National Stock Exchange of Australia |
| 5 | SSX, also known as Sydney Stock Exchange |
| Austria | |
| 6 | Vienna Stock Exchange |
| Belgium | |
| 7 | Euronext Brussels |
| Bermuda | |
| 8 | Bermuda Stock Exchange |
| Brazil | |
| 9 | B3, also known as B3 S.A.—Brasil, Bolsa, Balcão |
| Canada | |
| 10 | Montréal Exchange |
| 11 | Toronto Stock Exchange |
| 12 | TSX Venture Exchange |
| Chile | |
| 13 | Santiago Exchange |
| China | |
| 14 | Shanghai Stock Exchange |
| 15 | Shenzhen Stock Exchange |
| Colombia | |
| 16 | Colombia Securities Exchange |
| Denmark | |
| 17 | Nasdaq Copenhagen |
| Finland | |
| 18 | Nasdaq Helsinki |
| France | |
| 19 | Euronext Paris |
| Germany | |
| 20 | Berlin Stock Exchange |
| 21 | Dusseldorf Stock Exchange |
| 22 | Frankfurt Stock Exchange |
| 23 | Hamburg Exchange |
| 24 | Hannover Stock Exchange |
| 25 | Munich Stock Exchange |
| 26 | Stuttgart Stock Exchange |
| Greece | |
| 27 | Athens Exchange |
| Hong Kong | |
| 28 | Hong Kong Stock Exchange |
| Hungary | |
| 29 | Budapest Stock Exchange |
| India | |
| 30 | Bombay Stock Exchange |
| 31 | Calcutta Stock Exchange |
| 32 | National Stock Exchange of India |
| Indonesia | |
| 33 | Indonesia Stock Exchange |
| Ireland | |
| 34 | Euronext Dublin |
| Israel | |
| 35 | Tel Aviv Stock Exchange |
| Italy | |
| 36 | Italian Stock Exchange |
| Jamaica | |
| 37 | Jamaica Stock Exchange |
| Japan | |
| 38 | Fukuoka Stock Exchange |
| 39 | Nagoya Stock Exchange |
| 40 | Osaka Securities Exchange |
| 41 | Sapporo Securities Exchange |
| 42 | Tokyo Stock Exchange |
| Korea, Republic of | |
| 43 | Korea Exchange |
| Luxembourg | |
| 44 | Luxembourg Stock Exchange |
| Malaysia | |
| 45 | Bursa Malaysia |
| Mexico | |
| 46 | Mexican Stock Exchange |
| Netherlands | |
| 47 | Euronext Amsterdam |
| New Zealand | |
| 48 | NZX, also known as New Zealand’s Exchange |
| Nigeria | |
| 49 | The Nigerian Stock Exchange |
| Norway | |
| 50 | Oslo Stock Exchange |
| Pakistan | |
| 51 | Pakistan Stock Exchange Limited |
| Peru | |
| 52 | Lima Stock Exchange |
| Philippines | |
| 53 | The Philippine Stock Exchange Inc. |
| Poland | |
| 54 | Warsaw Stock Exchange |
| Portugal | |
| 55 | Euronext Lisbon |
| Serbia | |
| 56 | Belgrade Stock Exchange |
| Singapore | |
| 57 | Singapore Exchange |
| Slovakia | |
| 58 | Bratislava Stock Exchange |
| Slovenia | |
| 59 | Ljubljana Stock Exchange |
| South Africa | |
| 60 | Johannesburg Stock Exchange |
| Spain | |
| 61 | Barcelona Stock Exchange |
| 62 | Bilbao Stock Exchange |
| 63 | Madrid Stock Exchange |
| 64 | Valencia Stock Exchange |
| Sri Lanka | |
| 65 | Colombo Stock Exchange |
| Sweden | |
| 66 | Nasdaq Stockholm |
| Switzerland | |
| 67 | SIX Swiss Exchange |
| Taiwan | |
| 68 | Taiwan Stock Exchange Corporation |
| Thailand | |
| 69 | The Stock Exchange of Thailand |
| Trinidad and Tobago | |
| 70 | Trinidad and Tobago Stock Exchange |
| Turkey | |
| 71 | Istanbul Stock Exchange |
| United Kingdom | |
| 72 | London Stock Exchange |
| United States | |
| 73 | Chicago Stock Exchange |
| 74 | NASDAQ OMX BX |
| 75 | NASDAQ OMX PHLX |
| 76 | NASDAQ Stock Market |
| 77 | NYSE, also known as New York Stock Exchange |
| 78 | NYSE American |
| 79 | NYSE American Options |
| 80 | NYSE Arca Equities |
| 81 | NYSE Arca Options |
| 82 | NYSE National |
| Uruguay | |
| 83 | Montevideo Stock Exchange |
| Venezuela | |
| 84 | Caracas Stock Exchange |
| Zimbabwe | |
| 85 | Zimbabwe Stock Exchange Limited |
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
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Income Tax Assessment (1997 Act) Regulations 2021 | 4 Mar 2021 (F2021L00206) | 1 Apr 2021 (s 2(1) item 1) | |
| Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2021 | 25 June 2021 (F2021L00848) | Sch 1 (items 17–19): 1 July 2021 (s 2(1) item 5) | — |
| Treasury Laws Amendment (KiwiSaver Scheme) Regulations 2021 | 26 Nov 2021 (F2021L01616) | Sch 1 (items 1–3): 11 Dec 2021 (s 2(1) item 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Chapter 1 | |
| s 2........................................ | rep LA s 48D |
| Chapter 3 | |
| Part 3‑30 | |
| Division 291 | |
| Subdivision 291‑B | |
| s 291‑25.01.......................... | am F2021L00848 |
| Division 301 | |
| Subdivision 301‑D | |
| s 301‑170.01........................ | am F2021L01616 |
| Chapter 7 | |
| Part 1000‑1 | |
| s 1000‑1.08.......................... | am F2021L01616 |
| Part 1000‑2 | |
| Part 1000‑2........................... | ad F2021L00848 |
| s 1000‑2.01.......................... | ad F2021L00848 |
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