Date posted: 27/01/2021 3 min read

ATO Private Binding Rulings 2020-21

List of Private Binding Rulings given by the Australian Taxation Office in relation to Superannuation matters since 1 July 2020

A private ruling is binding advice from the Australian taxation Office (ATO) that sets out how a tax law applies to you in relation to a specific scheme or circumstance. 

A private ruling can be applied for to be certain how a tax law applies to specific circumstances.

The ATO usually makes a private ruling in response to an application by, or on behalf of, a particular entity. Each private ruling is specific to an entity, and can't be relied on by another entity.

You can apply for a private ruling about:

  • your own affairs
  • the affairs of another entity (including a person) if you're their agent or legal personal representative.

The ATO publishes edited versions of all written binding advice that it issues to the ATO Legal database. This enhances the integrity and transparency of the private ruling system, and confirms it is their official advice.

The advice is edited to protect the secrecy and privacy of the applicant, and the applicant has the opportunity to review the edited version before it is published.

Summarised below is the list of private binding rulings given by the ATO since 1 July 2020, as appearing in the Super News:

Private Binding Ruling number Topic  Detail 
 1051754180223  Superannuation benefits  Whether payment made by the Deceased’s fund a superannuation death benefit – member passed away after requesting payment but before payment was made
 1051777008391  Lump sum payment from a foreign pension fund  Applicable fund earnings included in assessable earnings
 1051777356138  Superannuation – employees  Are the board members of a charity employees for the purposes of Superannuation?




 Undeducted purchase price of a foreign pension or annuity  Entitled to an undeducted purchase price deductible amount



 Lump sum payment from a foreign superannuation fund  Drawdown payments from UK pension scheme be taxed in Australia as lump sum payments
 1051737175144 Downsizer contributions Criteria for a downsizer contribution not being met



 Death benefits  Interdependency and death benefits dependant
 1051750580196 Pension Tax Bonus Whether allocation of a Pension Tax Bonus to a member's account is an assessable contribution
 1051753300670 Superannuation funds – deductions Deductibility of financial market course and subscriptions
 1051748435655 Reportable employer superannuation contributions Employees do not have the ‘capacity to influence’ the amount of their employer contributions, for the purpose of those contributions meeting the definition of reportable employer superannuation contributions 
 1051744010145 Superannuation death benefits Whether parent is death benefits dependent due to interdependency
 1051731834033 Allocation from a superannuation reserve to a member  Will the allocation of an amount to a member from a reserve account which previously supported a pension be a concessional contribution? 
 1051727307516  Superannuation - downsizer contributions Eligibility to make a downsizer contribution where disposal of part of an ownership interest in a dwelling under an equity release arrangement
 1051733683090 Superannuation death benefits Are death benefit beneficiaries dependents due to an interdependency relationship? 
 1051675018968  Interdependency  Are Beneficiaries death benefit dependents of the Deceased by virtue of being in an interdependency relationship
 1051524850965 Non-concessional contributions and CGT small business concessions  Superannuation contribution made within 30 days after the date of settlement a valid contribution
 1051674967760 Constitutionally protected superannuation fund & Division 293  SG contributions made to constitutionally protected superannuation fund & effect on Div 293 tax 
 1051673728794 Non-concessional contributions arising from structured settlements  Is contribution a payment arising from a structured settlement for personal injury and be excluded from being a non-concessional contribution 
 1051674437545 Superannuation death benefits  Are benefits withdrawn prior to death due to terminal illness death benefits or superannuation member benefit 
 1051687414810 Australian pension  Is Australian pension assessable while a foreign resident 
 1051756432255 Deductibility of personal superannuation contributions Notice of Intent not provided to Trustee in accordance with ITAA subsection 290-170(1).

See full list of Private Binding Rulings

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