Taxation Administration Amendment Regulations 2008 (No. 4) (Cth)

Taxation Administration Amendment Regulations 2008 (No. 4)¹

Select Legislative Instrument 2008 No. 284

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Taxation Administration Act 1953.

Dated 12 December 2008

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICK SHERRY

Minister for Superannuation and Corporate Law

Name of Regulations

These Regulations are the Taxation Administration Amendment Regulations 2008 (No. 4).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Taxation Administration Regulations 1976

Schedule 1 amends the Taxation Administration Regulations 1976.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 39, before definition of dividend

insert

departing Australia superannuation payment has the meaning given by section 301-170 of the Income Tax Assessment Act 1997.

[2] Regulation 39, after definition of double tax country

insert

excess untaxed roll-over amount has the meaning given by section 306-15 of the Income Tax Assessment Act 1997.

[3] After regulation 42

insert

42ADeparting Australia superannuation payments

The amount to be withheld under section 12-305 of Schedule 1 to the Act from a departing Australia superannuation payment is the amount of tax payable on the payment, worked out under section 5 of the Superannuation (Departing Australia Superannuation Payments Tax) Act 2007.

42BExcess untaxed roll-over amounts

The amount to be withheld from an excess untaxed roll-over amount under section 12-312 of Schedule 1 to the Act is the amount of tax payable on the excess untaxed roll-over amount, worked out under section 5 of the Superannuation (Excess Untaxed Roll-over Amounts Tax) Act 2007.

[4] Regulation 43A

omit

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See