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COMMONWEALTHAct
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s 296-1

Application of Division 296 of the Income Tax Assessment Act 1997

In force
Chapter 3Specialist liability rules
Part 3-30Superannuation
Division 296Better targeted superannuation concessions
Subdivision 296-AApplication of Division 296 tax rules

296-1 Application of Division 296 of the Income Tax Assessment Act 1997

(1)

Section 296‑15 of the Income Tax Assessment Act 1997 applies to the 2026‑27 income year and later income years.

(2)

However, Subdivision 296‑B of the Income Tax Assessment Act 1997 applies in relation to the 2026‑27 income year as if:

(a)

the reference in paragraph 296‑40(1)(a) to just before the start of the year were omitted; and

(b)

the references to your total superannuation balance reference amount in the formula in subsection 296‑40(2) were references to your total superannuation balance at the end of the year; and

(c)

the reference in subsection 296‑45(1) to just before the start of the year were omitted; and

(d)

the references to your total superannuation balance reference amount in the formula in subsection 296‑45(2) were references to your total superannuation balance at the end of the year.

Note:

The effect of this subsection is that, for the 2026‑27 income year, whether Division 296 tax is payable by you, and the amount of that tax payable, is determined by reference to your total superannuation balance at the end of the year, rather than either just before the start or at the end of the year.

(3)

You are not liable to pay Division 296 tax for the 2026‑27 income year if you die on or before the last day of the year.

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