Minor superannuation tax reform technical amendments and amendments to running balance accounts

7 days left to have your say
Consultation Type
Draft Legislation

Key Documents

The Government is committed to the smooth, ongoing implementation of the 2016-17 Budget Superannuation Tax Reform Package that improved the flexibility, sustainability and integrity of superannuation tax concessions.

On 30 and 31 October 2018 the Assistant Treasurer announced that the Government would be making minor technical amendments to superannuation tax legislation and regulations to correct unintended outcomes that relate to the Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016.

The draft legislation contains provisions to:

  • Correct an error in the way that market-linked pensions are valued under the transfer balance cap when they are commuted or rolled over, resulting in a nil debit.
  • Ensure that death benefits that include life insurance proceeds are not subject to tax when they are rolled over to a new superannuation fund.

The draft legislation also includes amendments that will permit the Commissioner of Taxation to account for additional tax debts in running balance accounts.

The draft regulations:

  • Fix the valuation of defined benefit pensions under the transfer balance cap to reflect when pensions are permanently reduced following an initial higher payment, such as for some public sector defined benefit reversionary pensions.
  • Change the definition of life-expectancy period for innovative income stream products to account properly for the number of days in a leap year.
  • Maintain the capped defined benefit treatment of market-linked pensions under the transfer balance cap where they have been rolled over as a result of a successor fund transfer.


You can submit responses to this consultation up untilĀ 27 March 2019.
Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by theĀ Freedom of Information Act 1982, may affect the confidentiality of your submission.

How To Respond




Address written submissions to:

Retirement Benefits Unit
Retirement Income Policy Division
The Treasury
Langton Crescent


Email: superannuation@treasury.gov.au
Phone: Deepika Patwardhan +61 2 6263 4165