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

Administered by Department of the Treasury

Legislation au F2024L00129 Rules In force Legislative Instrument

Legislation content

 

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

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

1 February 2024 (F2024L00129)

2 February 2024

—

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

20 November 2024 (F2024L01471)

21 November 2024

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2

rep LA s 48D

Part 2

 

s 5

am F2024L01471

s 6

ad F2024L01471

 

Overview

The Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024 were enacted to address transitional issues arising from the introduction of new rules concerning permanent incapacity benefits in the context of income tax assessments. These rules were made under the authority of the Income Tax (Transitional Provisions) Act 1997 and were introduced by the Parliament of Australia. The primary policy objective of these rules is to ensure a smooth transition for taxpayers affected by changes in the tax treatment of permanent incapacity benefits, particularly those who received such benefits in the 2020-21 income year and subsequent years. This legislative instrument aims to provide clarity and certainty to both taxpayers and the Commissioner of Taxation by prescribing specific transitional measures that apply to assessments for the 2022-23 and 2023-24 income years. The rules outline conditions under which assessments cannot be amended, ensuring that taxpayers are not unfairly burdened by the changes in tax law.

Scope and Application

The Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024, made under the Income Tax (Transitional Provisions) Act 1997, apply to transitional rules for permanent incapacity benefits concerning superannuation payments. These rules primarily affect individuals who received a superannuation benefit in the 2020-21 income year or earlier, and who had an assessment made by the Commissioner before 4 December 2020. Specifically, the rules address amendments to assessments for the 2022-23 and 2023-24 income years, preventing the Commissioner from amending assessments on the basis that a superannuation benefit is a superannuation income stream benefit if it was paid due to permanent incapacity and was previously assessed as a superannuation lump sum. Exceptions apply if the amendment is made due to fraud or evasion, or if it is required to give effect to a specified provision in the regulations. The application of these rules is governed by the geographic jurisdiction of Australia and operates within the Commonwealth, with no stated exclusions or exemptions beyond the specified conditions of application. Subordinate instruments may further extend or restrict the application of these rules.

Key Provisions

The Income Tax (Transitional Provisions) (Permanent Incapacity Benefits) Rules 2024, as compiled on 21 November 2024, is a legislative instrument made under the Income Tax (Transitional Provisions) Act 1997. This compilation reflects the law as amended and in force on the compilation date. It includes amendments up to the amendment rules published on 20 November 2024, with uncommenced amendments noted but not included in the text. Modifications by other laws are not shown in the text but the law operates as modified. The endnotes provide details on the legislation history, amendment history, and other relevant information. The main operative sections of these rules concern the transitional provisions for permanent incapacity benefits, particularly for the 2022-23 and 2023-24 income years. Section 5 modifies subparagraph 301-100(2)(b)(i) of the Act to change the reference year for certain assessments from the 2021-22 income year to the 2022-23 income year. Section 6 provides more detailed transitional rules for the 2023-24 income year. It applies to situations where a superannuation benefit was paid to an individual due to permanent incapacity and was assessed as a superannuation lump sum before 4 December 2020. Under these rules, the Commissioner cannot amend the assessment for the 2023-24 income year if the benefit was again assessed as a superannuation lump sum for the 2022-23 income year. The rules impose specific obligations on the Commissioner regarding the amendment of assessments for the 2023-24 income year. These obligations include not amending an assessment for the 2023-24 income year if certain conditions are met, such as the payment of a superannuation benefit due to permanent incapacity and its assessment as a superannuation lump sum for both the 2022-23 and 2023-24 income years. However, these restrictions do not apply if the amendment is necessary for fraud or evasion purposes, or if it is required to give effect to a specified provision in the regulations. There are no specific offences, penalties, or consequences outlined in these rules for breaches of the transitional provisions. However, any amendments made in contravention of the rules may be subject to review or appeal under the relevant provisions of the Income Tax Assessment Act 1936. The Commissioner can also make amendments in cases of fraud or evasion, as specified in the Income Tax Assessment Act. The rules themselves do not specify maximum penalties but any associated penalties would be governed by the broader tax legislation.

Legal classification tags

Area of Law
Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Transitional Provisions
Repeal & Amendment
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.