Withdrawal of account balance—individual not an Australian resident
67 Withdrawal of account balance—individual not an Australian resident
Withdrawal request
This section applies to an individual’s account if:
the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and
the individual satisfies the Commissioner of Taxation that the individual is not a resident (within the meaning of the Income Tax Assessment Act 1936); and
the individual is at least 55 years old when he or she gives the withdrawal request; and
the individual satisfies the Commissioner of Taxation that:
the individual is not in employment; or
the individual is in employment, but the duties of the individual’s employment are performed wholly or principally outside Australia.
Australia is defined by subsection (6).
Form of withdrawal request
The withdrawal request must be:
in writing; and
in a form approved in writing by the Commissioner of Taxation.
Compliance with withdrawal request
The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.
Special Account to be debited
The Special Account is debited for the purposes of making the payment.
Individual’s account to be debited
When the payment is made, the individual’s account is debited by the amount of the payment.
Definition
In this section:
Australia has the same meaning as in the Income Tax Assessment Act 1936.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.