Notice of Rulings, Notice of Withdrawal

Administered by Department of the Treasury

Legislation au C2013G00971 In force Gazette

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COMMISSIONER OF TAXATION

The Commissioner of Taxation, Chris Jordan, gives notice of the following Rulings, copies of which can be obtained from Branches of the Australian Taxation Office or at http://law.ato.gov.au.

NOTICE OF RULINGS
Ruling Number	Subject	Brief Description
TR 2013/4	Income tax: effective life of depreciating assets (applicable from 1 July 2013)	The Ruling explains the methodology used by the Commissioner of Taxation in making a determination of the effective life of depreciating assets under section 40‑100 of the Income Tax Assessment Act 1997. The Ruling applies from 1 July 2013.
TD 2013/10	Income tax: is the application of a deceased member’s benefits in a regulated superannuation fund to commence a superannuation income stream from that fund for each of one or more dependant beneficiaries of the deceased member (in accordance with regulation 6.21 of the Superannuation Industry (Supervision) Regulations 1994) a transfer of an amount between superannuation interests in that fund for the purposes of subsection 307‑5(8) of the Income Tax Assessment 1997?	The Determination outlines the Commissioner’s opinion about the application of a deceased member’s benefits in a regulated superannuation fund. The Determination applies from 1 July 2007.
TD 2013/11	Income tax: is a payment of all or part of a deceased member’s benefits in a regulated superannuation fund from that fund to another regulated superannuation fund, to immediately cash those benefits to a beneficiary of the deceased person, a ‘roll‑over superannuation benefit’ as defined in section 306‑10 of the Income Tax Assessment Act 1997?	The Determination outlines the Commissioner’s opinion on whether the payment is a ‘roll‑over superannuation benefit’. The Determination applies from 1 July 2007.
TD 2013/12	Income tax: must a child of a deceased person be aged less than 18 at the time they receive the superannuation lump sum referred to in subsection 303‑5(1) of the Income Tax Assessment Act 1997 to satisfy, by virtue of paragraph 302‑195(1)(b) of that Act, the requirement in paragraph 303‑5(1)(c) that ‘you are a death benefits dependant’ of that deceased person?	The Determination outlines the Commissioner’s opinion about the requirement in paragraph 303‑5(1)(c) of the Income Tax Assessment Act 1997 that ‘you are a death benefits dependant’ of a deceased person. The Determination applies from 1 July 2007.
TD 2013/13	Income tax: is a payment by a complying superannuation fund (first fund) to another complying superannuation fund of a superannuation lump sum arising from the full commutation of a superannuation income stream paid to a person as a beneficiary of a deceased member of the first fund, a ‘roll‑over superannuation benefit’ for the purpose of section 306‑10 of the Income Tax Assessment Act 1997?	The Determination outlines the Commissioner’s opinion on whether the payment is a ‘roll‑over superannuation benefit’. The Determination applies from 1 July 2007.
TD 2013/14	Income tax: what is the meaning of ‘deployment’ in paragraph 23AG(1AA)(d) of the Income Tax Assessment Act 1936?	The Determination outlines the Commissioner’s opinion about the meaning of ‘deployment’ in paragraph 23AG(1AA)(d) of the Income Tax Assessment Act 1936. The Determination applies to years of income commencing both before and after its date of issue.
TD 2013/15	Income tax: what is the car limit under section 40‑230 of the Income Tax Assessment Act 1997 for the 2013‑14 financial year?	The Determination outlines the Commissioner’s calculation of the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2013-14 financial year. The Determination applies for the financial year commencing on 1 July 2013.
SMSFD 2013/1	Self Managed Superannuation Funds: where a deceased member’s benefits in a self managed superannuation fund are cashed in the form of a pension or an annuity to a child of the deceased member in accordance with sub‑subparagraph 6.21(2A)(b)(ii)(B) of the Superannuation Industry (Supervision) Regulations 1994, does subregulation 6.21(2B) of those regulations require the trustee to determine whether the child has a disability of the kind described in that subregulation on the day the child turns 25 (or an earlier date, if applicable under paragraph 6.21(2B)(a) of those Regulations), in order to determine whether the pension or annuity being paid to the child is exempt from the requirement to be commuted and cashed as a lump sum on that day?	The Determination outlines the Commissioner’s view about when a deceased member’s benefits in a self managed superannuation fund are cashed in the form of a pension or an annuity to a child of the deceased member. The Determination applies from 1 July 2007.
PR 2013/14	Income tax: tax consequences of entering into a Toyota Finance Australia Business Vehicle Loan with a Guaranteed Future Value	The Ruling sets out the Commissioner’s opinion on the execution of a Business Vehicle Loan with a Guaranteed Future Value, offered by Toyota Finance Australia Limited with respect to new Toyota and Lexus Vehicles. The Product Ruling applies prospectively from 1 August 2012.

NOTICE OF WITHDRAWAL

Ruling Number	Subject	Brief Description
TR 2012/2	Income tax: effective life of depreciating assets (applicable from 1 July 2012)	Taxation Ruling TR 2012/2 is withdrawn with effect from 1 July 2013.
PR 2013/2	Income tax: and goods and services tax: tax consequences for a Seller and Buyer under a White Popi Option Agreement	Product Ruling PR 2013/2 is withdrawn with effect from today.

Ruling Number

Subject

Brief Description

TR 2012/2

Income tax: effective life of depreciating assets (applicable from 1 July 2012)

Taxation Ruling TR 2012/2 is withdrawn with effect from 1 July 2013.

PR 2013/2

Income tax: and goods and services tax: tax consequences for a Seller and Buyer under a White Popi Option Agreement

Product Ruling PR 2013/2 is withdrawn with effect from today.

Overview

The Commissioner of Taxation, Chris Jordan, issued a series of Tax Determinations (TD) and Taxation Rulings (TR) in 2013 under the Income Tax Assessment Act 1997, designed to clarify various aspects of income tax. These rulings, including TD 2013/10 to TD 2013/15, were introduced to provide taxpayers and practitioners with detailed explanations on specific tax issues, ensuring compliance and reducing ambiguity in tax law interpretation. Additionally, a Product Ruling (PR) was issued to address the tax implications of entering into a Toyota Finance Australia Business Vehicle Loan with a Guaranteed Future Value, which applies from August 1, 2012. These rulings are intended to assist taxpayers in understanding their obligations and rights under the income tax provisions, with some applying retroactively from July 1, 2007, and others prospectively from July 1, 2013. The rulings are available from Australian Taxation Office branches or their website.

Scope and Application

The Commissioner of Taxation, Chris Jordan, has issued several rulings and determinations aimed at clarifying various aspects of income tax and superannuation under the Income Tax Assessment Act 1997 and related regulations. These rulings apply to individuals and entities involved in transactions that involve the depreciation of assets, superannuation fund benefits, and other specific tax matters. They cover a range of scenarios, including the effective life of depreciating assets, the application of deceased members' benefits in regulated superannuation funds, and the definition of terms such as 'deployment'. The rulings and determinations apply from specific dates, often from 1 July of a given year, and some extend to years of income commencing both before and after their issuance. The Commissioner's opinions in these rulings and determinations provide authoritative guidance on the interpretation and application of the relevant tax laws, with some rulings having prospective effect from a date specified in the notice. These instruments help ensure that taxpayers and practitioners understand their obligations and entitlements under the law.

Key Provisions

The Commissioner of Taxation has issued several rulings and determinations that provide guidance on various aspects of income tax and superannuation regulations. For instance, TR 2013/4 provides an explanation of the methodology used by the Commissioner in determining the effective life of depreciating assets under section 40-100 of the Income Tax Assessment Act 1997, which applies from 1 July 2013. Similarly, the determinations TD 2013/10 to TD 2013/15 provide the Commissioner’s opinion on several issues related to superannuation, such as the application of a deceased member’s benefits in a regulated superannuation fund, whether a payment of all or part of a deceased member’s benefits in a regulated superannuation fund is a ‘roll-over superannuation benefit’, the age requirement for a child of a deceased person to receive the superannuation lump sum, and the meaning of ‘deployment’ in paragraph 23AG(1AA)(d) of the Income Tax Assessment Act 1936. These determinations apply from 1 July 2007, except for TD 2013/14, which applies to years of income commencing both before and after its date of issue. The rulings and determinations impose obligations and requirements on parties and entities governed by the Act. For example, TR 2013/4 requires taxpayers to determine the effective life of depreciating assets in accordance with the methodology set out in the Ruling. Similarly, the determinations TD 2013/10 to TD 2013/15 require trustees of regulated and self-managed superannuation funds to apply the Commissioner’s opinion in determining the tax consequences of various transactions involving superannuation benefits. These obligations and requirements are essential to ensure compliance with the Act and to avoid any potential penalties or consequences for non-compliance. Breach of the obligations and requirements imposed by the rulings and determinations may result in offences, penalties, or civil/criminal consequences. For instance, section 178 of the Income Tax Assessment Act 1936 imposes a penalty of 100% of the tax or duty unpaid in the case of failure to comply with an obligation or requirement under the Act. Similarly, section 179 imposes a penalty of 50% of the tax or duty unpaid in the case of failure to take reasonable care in complying with an obligation or requirement under the Act. The maximum penalties for these offences are set out in section 180 of the Act, which provides that the penalties may be increased by up to 50% in the case of serious or repeated non-compliance. These penalties and consequences are intended to deter non-compliance and to encourage taxpayers to take their obligations and requirements under the Act seriously.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Offence Provisions; Civil Penalty Provisions
Catchwords: Income Tax Assessment Act 1997; Superannuation Industry (Supervision) Regulations 1994

Interactions

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.

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