Commissioner of Taxation v Douglas

[2020] FCAFC 220

Full Court of the Federal Court4 December 2020

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Interrogate

Catchwords

1. Taxation
1. “appeals” under s 44 of Administrative Appeals Tribunal Act 1975 (Cth)
1. held regulations provided specification of superannuation income stream benefit
1. held invalidity payments in [name withheld] and [name withheld] proceedings were not paid from a superannuation income stream

Quick Take

Military personnel receiving invalidity benefits under the MSB Act or DFRDB Act may receive superannuation lump sums (attracting more favourable tax treatment) rather than superannuation income stream benefits, because the fund rules do not meet SIS Regulations minimum standards, unless the income stream commenced before 20 September 2007, notwithstanding that the regulations specify superannuation income stream benefits.