Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024

Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024

made under the Income Tax (Transitional Provisions) Act 1997

Compilation No. 1

Compilation date: 21 November 2024

Includes amendments: Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Amendment Rules 2024

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024 that shows the text of the law as amended and in force on 21 November 2024 (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 Register (www.legislation.gov.au). 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 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.

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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

Part 2—Transitional rules

5  Amendment of assessments for the 2022‑23 income year—transitional rule for permanent incapacity benefits

6  Amendment of assessments for the 2023‑24 income year—transitional rule for permanent incapacity benefits

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024.

3  Authority

  This instrument is made under the Income Tax (Transitional Provisions) Act 1997.

4  Definitions

Note: Expressions have the same meaning in this instrument as in the Income Tax (Transitional Provisions) Act 1997 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

Act means the Income Tax (Transitional Provisions) Act 1997.

Part 2—Transitional rules

5  Amendment of assessments for the 2022‑23 income year—transitional rule for permanent incapacity benefits

  Under section 301-105 of the Act, subparagraph 301-100(2)(b)(i) of the Act has effect as if the reference in that subparagraph to the 2021-22 income year were a reference to the 2022-23 income year.

6  Amendment of assessments for the 2023‑24 income year—transitional rule for permanent incapacity benefits

 (1)  Under subsection 301‑105(1) of the Act, this section prescribes matters of a transitional nature that relate to the 2023‑24 income year.

 (2) This section applies if:

 (a) a superannuation benefit (the trigger benefit) was paid to an individual in the 2020‑21 income year or an earlier income year; and

 (b) the Commissioner made an assessment for the income year for the individual before 4 December 2020; and

 (c) the trigger benefit was paid to the individual because the individual satisfied a condition of release specified in item 103 (permanent incapacity) of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994; and

 (d) the Commissioner made the assessment on the basis that the trigger benefit was a superannuation lump sum.

 (3) The Commissioner cannot amend an assessment for the 2023‑24 income year for the individual on the basis that a superannuation benefit paid to the individual is a superannuation income stream benefit if:

 (a) the superannuation benefit was paid to the individual because the individual satisfied a condition of release specified in item 103 (permanent incapacity) of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994; and

 (b) the Commissioner made the assessment on the basis that the superannuation benefit was a superannuation lump sum; and

 (c) for the 2022‑23 income year:

 (i) a superannuation benefit (the 2022‑23 benefit) was paid to the individual because the individual satisfied a condition of release specified in item 103 (permanent incapacity) of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994; and

 (ii) the Commissioner made an assessment for the individual on the basis that the 2022‑23 benefit was a superannuation lump sum.

 (4) Subsection (3) does not apply in any of these cases:

 (a) if the Commissioner may amend the assessment in accordance with item 5 (fraud or evasion) or 6 (review or appeal) of the table in subsection 170(1) of the Income Tax Assessment Act 1936;

 (b) if the amendment is made for the purpose of giving effect to a provision specified in the regulations for the purposes of paragraph 301‑100(4)(b) of the Act.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history