Date posted: 13/05/2026 3 min read

ATO Private Binding Rulings

Since 11 May 2026 there are three Private Binding Rulings published on the ATO’s Register of Private Binding Rulings relating to superannuation.

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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 January 2022, as appearing in the Super & Financial Advice News:

Please find below the ATO's Register of Private Binding Rulings relating to superannuation.

PBR number & date of advice Topic Detail

1052465847672
26/02/2026

Trustee - testamentary trust
In respect of the income of an estate and trust (the Trust) that is applied for the beneficiary's benefit, will the Executor be assessed under section 98 of the ITAA 1936? The beneficiary is a minor under a legal disability.
1052510281006
26/02/2026
Trustee - testamentary trust
In respect of the income of the Trustee for x (the 'Estate') that is applied for the beneficiary's benefit, will the Executor be assessed under section 98 of the Income Tax Assessment Act 1936 (ITAA 1936)?
1052510371750
18/03/2026
Income tax - Life insurance bonuses and policies
Will any amount received by you upon the surrender of a foreign life assurance savings plan be assessable as ordinary income under the Income Tax Assessment Act 1997 (ITAA 1997)?

1052509195315
06/03/2026

Superannuation death benefit - interdependency Was the Beneficiary a death benefits dependant of the Deceased according to section 302-195 of the Income Tax Assessment Act 1997 (ITAA 1997), due to being in an interdependency relationship with the deceased under section 302-200 of the ITAA 1997
1052495347163
02/02/2026
10-year condition for downsizer
Does the date of the deceased's death constitute as the acquisition date of the property to the beneficiaries to satisfy the 10-year condition under subsection 292-102(2) of the ITAA 1997?
1052505814704
20/02/2026
Superannuation death benefit - interdependency
Was the Beneficiary a death benefits dependant of the Deceased, due to being in an interdependency relationship with the Deceased?
1052473117956
29/01/2026
Cryptocurrency trader business
Did your cryptocurrency trading activities during the 20XX-XX income years amount to carrying on of a business?
1052473760768
03/02/2026
Death benefits
Was the Beneficiary a death benefits dependant of the Deceased according to section 302-195 of the Income Tax Assessment Act 1997 (ITAA 1997), due to being in an interdependency relationship with the Deceased under section 302-200 of the ITAA 1997?
1052495497715
02/02/2026
10-year condition for downsizer
Does the date of the deceased's death constitute as the acquisition date of the property to the beneficiaries to satisfy the 10-year condition under subsection 292-102(2) of the ITAA 1997?
1052496282076
02/02/2026
Employment termination payment on grounds of invalidity
Does the payment in lieu of notice for $XX,XXX.XX received by the Applicant contain an invalidity segment under section 82-150 of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052497423580
29/01/2026
Main residence exemption - adjacent land
Are you able to treat the vacant land next to your main residence as adjacent land, to obtain the main residence exemption on your share of the vacant land?
1052370972479
23/01/2026
Pay as you go - education grants
Are you required to withhold Pay As You Go (PAYG) from grant payments made to full time students under Division 12 of Schedule 1 to the Taxation Administration Act 1953 (TAA)? 
1052474999196
22/01/2026
Employment termination payment, redundancy payment, retention bonus
Are one or both retention payments taxed as Employment Termination Payments (ETP) under section 82-130 of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052492682569
19/01/2026
Compensation - inappropriate financial advice 
The non-interest component of the compensation payment for inappropriate financial advice  is not assessable as ordinary income
1052498164362
23/01/2026
CGT: legal vs beneficial ownership
Did a CGT Event A1 occur when you disposed of your interest in the Property?
1052405529557
20/01/2026
Superannuation
Where a person is not a current employee, does the receipt of a grant create an employer-employee relationship?
1052487048084
17/12/2025
General interest charges and shortfall interest charges
The GIC and SIC imposed in the relevant income year are an allowable deduction, in the financial year in which it was imposed on your account
1052488094002 
17/12/2025
Assessable income - digital currency
Whether the income you earn from operating a business of developing and selling digital assets is ordinary income and assessable
1052480328309
17/12/2025
Superannuation
Whether the distribution of assets to the Estate that were made during a certain period were superannuation death benefits
1052407283229
08/12/2025
Superannuation guarantee - Lump sum payments received as part of early retirement or transition to retirement
Whether the lump sum incentive payments made under two policies form part of an employee’s ordinary time earnings (OTE)
1052471931432
08/12/2025
Disability superannuation benefit
Whether the superannuation income stream benefit constitute a disability superannuation benefit
1052477340346
01/12/2025
Lump sum
Whether the lump sum received under the proposed commutation agreement assessable as ordinary income
1052482384592
12/12/2025
Superannuation death benefits paid to trustee of deceased estate
Whether the provisions of the ITAA ’97 applies to Superannuation death benefit paid to a trustee of a deceased estate
1052470193578
11/11/2025
Superannuation member benefits or death benefits financial dependency
The benefit received into the deceased’s personal  bank account shortly after the date of death considered to be member benefit
1052471764879
19/11/2025
Interdependency and financial dependency The beneficiary who was the parent of the deceased didn’t meet all the requirements of an interdependent relationship
1052395100997
31/10/2025
Interdependency and financial dependency Whether an interdependency relationship existed between the Deceased and the Beneficiary who was an adult child
1052413537941
29/10/2025
Superannuation guarantee - allowances Whether certain allowances contained in the employment agreement paid in conjunction with overtime payments made to employees considered ordinary time earnings for the purpose of Superannuation Guarantee Administration Act (SGAA)
1052452380351
27/10/2025
Cryptocurrency Even if the taxpayer retains beneficial title to the cryptocurrency at equity, there is no separation of legal and beneficial title for CGT purposes
7920170132308
30/10/2025
Superannuation death benefit Whether the beneficiary is a death benefit dependant for being a person who was a dependant of the Deceased just before they died?
1052451194131 08/12/2025 Superannuation death benefit - financial dependency
Whether the beneficiary was substantially reliant on regular and continuous financial support from the deceased for their ordinary living expenses, therefore whether the beneficiary is a death benefit dependant
1052451454103
08/12/2025
Superannuation death benefit - financial dependency
Whether the beneficiary was substantially reliant on regular and continuous financial support from the deceased for their ordinary living expenses, therefore whether the beneficiary is a death benefit dependant
1052451473448
08/12/2025
Superannuation death benefit - financial dependency 
Whether the beneficiary was substantially reliant on regular and continuous financial support from the deceased for their ordinary living expenses, therefore whether the beneficiary is a death benefit dependant
1052460135871
13/10/2025
Personal services income - results test 
Will the provision of your services through a company structure under your new proposal affect whether the results test is passed. The results test is provided in section 87-18 of the ITAA 1997
1052377078585
30/09/2025
Superannuation Guarantee
Are the Paid Participants employees of the Principal under subsection 12(1) of the Superannuation Guarantee (Administration) Act 1992 (SGAA)?
1052453829897
24/09/2025
Pension paid to a foreign resident
Are the payments you received exempt income for Australian income tax purposes under the Double Tax Agreement between Country Z and Australia?
5010117591201
24/09/2025
Active asset test
Does the property satisfy the active asset test under section 152-35 of the Income Tax Assessment Act 1997?
1052423321766
11/09/2025
Trust resettlement
Ruling confirms that valid amendments to a trust deed under an existing power do not trigger CGT events or income tax consequences, provided continuity of property and membership is maintained.
1052423376518
11/09/2025
Trust resettlement 
Ruling confirms that valid amendments to a trust deed under an existing power do not trigger CGT events or income tax consequences, provided continuity of property and membership is maintained.
1052423637174
11/09/2025
Trust resettlement 
Ruling confirms that valid amendments to a trust deed under an existing power do not trigger CGT events or income tax consequences, provided continuity of property and membership is maintained.
1052442271950
19/09/2025
Income tax and deductions for wages
Are you entitled to claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 for wages paid to another person? 
1052449090768
11/09/2025
Corporate trustee - assessable income Section 99A of Income Tax Assessment Act 1936 assesses the trustee on net income of a trust estate that hasn't been assessed to a trustee or beneficiary under sections 97, 98, or 99
1052372723198
08/09/2025
Status of the Worker - contractor vs. employee  Is the Worker, who is engaged by the Principal, an employee within the ordinary or common law meaning, for the purposes of subsection 12(1) of the Superannuation Guarantee (Administration) Act 1992 (SGAA)?
1052404773006
28/08/2025
Off market share buyback Methodology for ascertaining the capital/dividend split
1052439188608
04/09/2025
CGT - cryptocurrency, marriage breakdown rollover and disposal
Is the first element of the cost base of the cryptocurrency assets transferred under the divorce agreement the cost base of the assets in the hands of the ex-spouse at the time they were acquired
1052423176187
22/08/2025
Lump Sum payment Superannuation death benefit
1052427549159
07/08/2025
Superannuation death benefit - interdependency Was the beneficiary a death benefits dependant of the deceased person
1052433878434
29/08/2025
Exempt current pension income Will the earnings of the Fund continue to be exempt current pension income (ECPI) for a deceased one member SMSF?
1052435031611
20/08/2025
Lump sum payment Will Article 18(2) of the Convention between Australia and Country A for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (the Convention) apply to treat the lump sum payment by the Trustee of the Fund to Person A as non-taxable in Australia?
1052445319791
04/09/2025
Lump sum and regular payments Is any part of a lump sum payment to you from the fund applicable fund earnings under section 305-75 of the ITAA 1997?
5010115206665
27/08/2025
Death benefit or member benefit There was a withdrawal of $xx from the Late xx's (the Member) account shortly before their death ,which was received as a lump sum after their death, Was this withdrawal a superannuation member benefit
1052421970292
15/08/2025
Investment scam Are you entitled to a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for money lost in a scam?
1052425891490
29/07/2025
Minor trust - prescribed person Will the income derived by the trustee of the minor trusts, from the investment of a superannuation death benefit, be considered excepted income for the purposes of section 102AG of the Income Tax Assessment Act 1936?
1052429621123
14/08/2025
Rollover relief - transfer of assets Does the proposed transfer of land from the Applicant to 2 new discretionary trusts qualify for rollover relief under Subdivision 328-G of the Income Tax Assessment Act 1997 (ITAA 1997)?
052398709910
06/08/2025
Personal service income - payments to associates
Whether the taxpayer can claim a deduction for superannuation contributions made on behalf of their spouse for work performed under section 290-60 of the ITAA 1997?
1052424439983
06/08/2025
Assessable income
Does the amount paid to you by your former employer form part of your taxable income under section 6-5(2) of the Income Tax Assessment Act 1997

1052405222531
17/06/2025

Commissioner's discretion - extension of time Capital gains tax and deceased estates – the Commissioner’s discretion to extend the 2-year period to dispose of dwellings acquired from a deceased estate

1052429116410
01/08/2025

Division 615 roll-over   Is the Trustee eligible to choose capital gains tax roll-over relief under Division 615 of the Income Tax Assessment Act 1997 (ITAA 1997) in respect of the transfer of its shares in Company A in exchange for shares in Company B 

1052413428001
15/07/2025

Commissioner's discretion - extension of time  Capital gains tax and deceased estates – the Commissioner’s discretion to extend the 2-year period to dispose of dwellings acquired from a deceased estate provides a practical administration approach 

1052410011442
11/07/2025

Residency and employment income Is the employment income received from your Australia employer assessable in Australia? 

1052410926219
22/07/2025

Superannuation - contract employee  Are the Workers common law employees the Principal under subsection 12(1) of the Superannuation Guarantee (Administration) Act 1992 (SGAA) for the period 1 July 20YY to 30 June 20YY? 

7915169902780
10/06/2025

Death benefit or member benefit  There was a withdrawal of an amount from the Late Member account shortly before their death which was received as a lump sum after their death. Was this withdrawal a superannuation member benefit?

1052422973120
17/07/2025

Personal services income Will the income derived by a Company be personal services income (PSI) under section 84-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?

1052420224319
21/07/2025

Deceased estate 2 - year discretion A capital gain or capital loss may be disregarded where a capital gains tax event happens to a dwelling if you owned it as the trustee or beneficiary of the deceased estate.

1052420327957
10/07/2025

Compensation - lump sum payment An exemption is provided under section 118-305 of the ITAA 1997 for any capital gain or loss made from a CGT event happening in relation to a right to an allowance, annuity or capital amount payable out of a superannuation fund or an asset of a superannuation fund.

1052413966040
11/07/2025

Small business concessions - extension of time to make an election More than 2 years have passed since the applicant signed the contract on the sale of their asset and they have not yet acquired a replacement for this asset.

5010112159078
30/06/2025

Applicable fund earnings Is any part of the lump sum payment received by the applicant from The Pension Scheme assessable as applicable fund earnings under section 305-70 of the Income Tax Assessment Act 1997 (ITAA 1997)

1052400113188
14/07/2025

Superannuation death benefit - interdependency  Was the Beneficiary a death benefits dependant of the deceased person according to section 302-195 of the Income Tax Assessment Act 1997 (ITAA 1997), due to being in an interdependency relationship with the deceased?
1052365614400
27/06/2025
Deceased estate - legal personal representative CGT 50% discount
Will the Commissioner exercise his discretion under subsection 99A(2) of the Income Tax Assessment Act 1936 (ITAA 1936) to tax the Trustee on income that no beneficiary is presently entitled to under section 99 of the ITAA 1936? Will the Trustee be entitled to apply the 50% capital gains tax (CGT) discount to the capital gain made on the sale of the estate assets under Division 115 of the ITAA 1997?
1052401820160
12/06/2025
Superannuation death benefit - interdependency
Was the Beneficiary a death benefits dependant of the Deceased according to section 302-195 of the Income Tax Assessment Act 1997 (ITAA 1997), due to being in an interdependency relationship with the Deceased under section 302-200 of the ITAA 1997?
1052414550191
07/07/2025
CGT - legal v beneficial
Did capital gains tax (event A1 happen to your interest in the Property on the Separation as a couple date?
1052407683383
25/06/2025
Superannuation member benefit or death benefit
s the lump sum payment  from the late Member's account shortly before their death which was received as a lump sum after their death a member benefit or a death benefit?
1052412462510
30/06/2025
Off market share buy-back
Will the proposed share buy-backs by Company constitute an off-market purchase within the meaning of section 159GZZZK of the Income Tax Assessment Act 1936 (ITAA 1936)?
5010111770222
03/07/2025
Superannuation death benefit
Is the lump sum payment  from the late Member's account shortly before their death which was received as a lump sum after their death a member benefit or a death benefit?
1052409893863
17/06/2025
Cryptocurrency
If you are a temporary resident for income tax purposes then you don’t need to pay CGT.
1052401167931
05/07/2025
Superannuation death benefits dependant - financial dependency
Based on the evidence provided, the Commissioner is not satisfied that the Beneficiary was a person who was substantially reliant on regular and continuous financial support from the Deceased for their ordinary living expenses.
1052362574874
16/06/2025
Status of Worker
Are the Workers engaged under the Independent Contractor Agreement (the Agreement), common law employees of the Principal, under subsection 12(1) of the Superannuation Guarantee (Administration) Act 1992 (SGAA)? Are the Workers engaged under the Agreement, employees of the Principal, within the expanded definition of an employee under subsection 12(3) of the SGAA)?
1052367254920
23/05/2025
Superannuation death benefit - interdependency
As the Beneficiary was not in an interdependency relationship with the Deceased, the Beneficiary is not a death benefits dependant as defined under section 302-195 of the ITAA 1997.
1052392405126
26/05/2025
Superannuation death benefit - interdependency
As the Beneficiaries were not in an interdependency relationship with the Deceased, the Beneficiaries are not death benefits dependant as defined under section 302-195 of the ITAA 1997.
1052393075693
04/06/2025
Assessable income - foreign pension
Whether a pension received form a foreign country is assessable assessable income under section 27H of the ITAA 1936, and forms part of the assessable income under section 6-10 of the ITAA 1997.
1052399541561
23/05/2025
Cryptocurrency
Does a CGT event under section 104-5 of the Income Tax Assessment Act 1997 (ITAA 1997) happen at the time the loan of the cryptocurrency is made?
5010109565364
04/06/2025
Superannuation death benefits dependant - financial dependency
Based on the evidence provided, the Commissioner is not satisfied that the Beneficiaries were persons who were substantially reliant on regular and continuous financial support from the Deceased for their ordinary living expenses.
1052388678866
29/04/2025
Excess non-concessional contributions Under subsection 292-465(3) of the Income tax Assessment Act 1997 (ITAA 1997), do special circumstances exist and would it be consistent with the object of Division 292 of the ITAA 1997 to disregard part of your potential non-concessional contributions.
7910166657669
28/04/2025
Status of worker - superannuation guarantee Is the Worker an employee of the employer under the expanded definition in subsection 12(3) of the Superannuation Guarantee (Administration) Act 1992 (SGAA)?
1052370588740
13/05/2025
Residency Whether the applicant is a resident of Australia for tax purposes as defined by subsection 6(1) of the Income Tax Assessment Act 1936 (ITAA 1936) and whether any of the four tests of residency being satisfied?
1052376917070
16/05/2025
CGT - legal vs beneficial
Will a CGT event A1 happen when you transfer the title of the property to your child?
1052389248797
30/04/2025
Status of worker - superannuation guarantee
Is the Worker an employee of the payer under the expanded definition in subsection 12(3) of the Superannuation Guarantee (Administration) Act 1992 (SGAA)?
1052304503137
17/04/2025
Superannuation member benefit or death benefit
Is the lump sum in specie transfer of certain investment fund units, as detailed under relevant facts and circumstances, from the Late Member's superannuation accumulation account to the Trust that was requested before their death but received after their death, a superannuation member benefit?
1052367111264
11/04/2025
Lump Sum Disability Superannuation Benefit
When determining the 'days to retirement' under the Income Tax Assessment Act 1997, in relation to the total and permanent disability (TPD) benefit paid into your superannuation account, is the date you 'stopped being capable of being gainfully employed' the last date you attended work?
1052382628953
14/04/2025
Foreign life insurance policy
When you surrender the life insurance/assurance policy, will the payment received be assessable income?
1052384720405
14/04/2025
Superannuation scheme
Upon the withdrawal of Entity A from the Scheme will regulation 292-90.02 of the Income Tax Assessment (1997 Act) Regulations 2021 apply to an allocation from a reserve of the Scheme that is less than 5% of the superannuation interest of every active member of Division 2 and Division 3 of Entity A's sub-fund?

105238212741304
04/04/2025

 CGT - small business concessions Whether the small business retirement exemption be applied under section 152-305 of the ITAA 1997 to disregard all or part of the capital gain from the sale of the property?
1052381747891
04/04/2025
 CGT - small business concessions Whether the Property satisfy the active asset test in section 152-35 of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052381657452
04/04/2025
 CGT - small business restructure rollover Whether the proposed transfer of the property interests owned by the Company to newly established discretionary family trusts qualify for roll-over relief under Subdivision 328-G of the Whether the proposed transfer of the property interests owned by the Company to newly established discretionary family trusts qualify for roll-over relief under Subdivision 328-G of the Income Tax Assessment Act 1997 (ITAA 1997)?  (ITAA 1997)?
1052380512978
02/04/2025
 CGT - 15-year exemption Eligibility for the small business 15-year exemption under section 152-105 of the ITAA 1997?
1052363192069
07/04/2025
 Legal vs beneficial ownership Will a Capital Gains Tax (CGT) A1 event occur under section 104-10 of the Income Tax Assessment Act 1997 (ITAA 1997) when you transfer your legal ownership or sell the property?
1052247906549
22/11/2024
Portions of a PSS Pension
Will the relevant proportions of the superannuation interests supporting your Public Sector Superannuation Scheme pension be tax free component.
5010106399400
12/03/2025
Small business restructure roll-over
Will the proposed restructure qualify for roll-over relief under Subdivision 328-G? Part IVA of the Income Tax Assessment Act 1936 contains anti-avoidance rules that can apply in certain circumstances where you or another taxpayer obtains a tax benefit, imputation benefit or diverted profits tax benefit in connection with an arrangement.
5010111729592
02/04/2025
Personal superannuation contribution deduction
Eligibility to claim a personal superannuation contributions deduction under section 290-170 of the Income Tax Assessment Act 1997 despite not having a valid acknowledgement letter prior to the lodgement of your Income Tax Return in the relevant financial year.

1052337713503
07/03/2025

Disability Superannuation Lump Sum What is the service period for the Taxpayer, given the Taxpayer commenced service from a date and received a lump sum with the total gross payment of an amount in a certain income year, after the superfund making a determination that the taxpayer retired due to invalidity on a certain date? 

1052362901097
03/03/2025

Personal super contribution deduction Section 290-150 of the Income Tax Assessment Act 1997 (ITAA 1997) states that you can deduct a personal superannuation contribution that you make to a complying fund, for the purposes of providing superannuation benefits for yourself, if you satisfy all conditions in section 290-165, 290-167, 290-168, 290-169, and 290-170.
1052355290389
25/02/2025
CGT - Cryptocurrency
Is the staking and un-staking of Ethereum on the platform constitute a disposal event under section 104-10 of the Income Tax Assessment Act 1997?
1052364884779
24/02/2025
CGT - Cryptocurrency
Will the Cryptocurrency that may be transferred using the private digital keys in your joint wallet be treated as held as tenants in common under section 108-7 of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052368243432
28/02/2025
CGT - small business 15-year exemption
Are you entitled to apply the small business 15-year exemption in section 152-110 of the Income Tax Assessment Act 1997 (ITAA 1997) to disregard the capital gain made on the disposal of the property?
1052353681404
19/02/2025
CGT – small business concession
Is the sale of your Business and its Assets, a CGT event that happened in connection with the significant individual's retirement under subparagraph 152-110(1)(d)(i) for the purposes of the 15-year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052360108330
12/02/2025
CGT – Cryptocurrency
Whether the transfer of your cryptocurrency to a self-custodial smart contract for the purpose of validator staking trigger a CGT event.
1052356167463
11/02/2025
Cryptocurrency
Whether the Bitcoin disposed was a personal use asset? The commissioner’s view is stated on QC 69954,
1052350942451
22/01/2025
Foreign pension income
Whether the pension income you receive from Country Z assessable in Australia.
1052353567330
22/01/2025
Cryptocurrency
Whether the theft of your cryptocurrency gives rise to the CGT.
1052338837291
23/01/2025
Downsizer superannuation contribution
Whether upon the sale of your property you be able to contribute $300,000 to your superannuation fund as a downsizer contribution if you were running a business in the property for a while.
1052339332344
23/01/2025
Downsizer superannuation contribution
Whether upon the sale of your property will you be able to contribute $300,000 to your superannuation fund as a downsizer contribution if the property was held in your spouse name only.
1052345219783
20/01/2025
Superannuation - death benefits dependant
Is the beneficiary a death benefits dependant of the deceased.
1052356307941
31/01/2025
15-year retirement concession
Whether the Trustee for the Property Trust satisfy the requirements in section 152-110 of the Income Tax Assessment Act 1997 (ITAA 1997) to apply the 15-year exemption with respect to a capital gain it makes on the disposal of the Property.
1052341246200
23/12/2024
Superannuation Guarantee - ordinary time earnings
The travel allowance paid to employees by the Taxpayer ordinary time earnings (OTE) as defined by subsection 6(1) of the Superannuation Guarantee (Administrative) Act 1992 (SGAA).
1052335962855
9/12/2024
Foreign superannuation fund
Does the super fund in question classifies as a foreign superannuation fund according to ITAA 1997?
1052344537848
18/12/2024
Cryptocurrency and liquid staking
Does the activity of liquid staking tokens trigger a CGT event under section 104-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?
1052333181685
18/11/2024
Pension transfer bonus
Does the allocation of pension transfer bonus by the taxpayer to a member’s account constitute an assessable income of the Fund?
1052329775402
12/11/2024
Life insurance companies
Life insurance companies - reinsurance with a non-resident - deductions and assessable income.
1052329213785
12/11/2024
Life insurance companies
Life insurance companies - reinsurance - deductions and assessable income.
1052328214028
11/11/2024
Pension Income
Is your Australian pension assessable in Australia under the double tax agreement?
1052322259598
22/11/2024
Superannuation - ordinary earnings 
Is the allowance (Allowance) paid to teaching staff considered ordinary time earnings (OTE) as defined by subsection 6(1) of the Superannuation Guarantee (Administrative) Act 1992 (SGAA).
1052299566117
18/11/2024
Superannuation death benefit - interdependency
Was the Beneficiary a death benefits dependant of the Deceased.
7915167615544
11/12/2024
Superannuation guarantee - ordinary time earnings
Are the ordinary hours of work eight hours a day for your employees for the purposes of calculating ordinary times earnings (OTE).
1052338678514
03/12/2024
Superannuation lump sum withdrawal
Will the proposed lump sum withdrawal from the Fund be treated as non-taxable in Australia?
1052312263742
29/11/2024
Cryptocurrency
Does a capital gains tax (CGT) event occur when you send your A tokens to the smart contract to enter into the stake?
1052293788466
03/12/2024
Ordinary time earnings  
Are additional hours worked by part-time employees considered to be OTE?
1052328167868
08/11/2024
Death benefits dependant
Whether the adult child of the deceased is a death benefit dependant.
1052309394934
30/10/2024
ESS - minimum holding period
Whether the Commissioner exercise discretion on the minimum holding period of all ESS interest if any qualify for concessional treatment.
1052323212915
25/10/2024
Shares acquired under an Employee share scheme and capital gains
A capital gain or loss that arises to the Trustee at the time when CGT event E5 happens in relation to Shares held by the Trustee under the Plans will be disregarded under section 130-90, if the Participants acquire the Shares for the same or less than the cost base of the shares in the hands of the Trustee.
1052314586875
1/11/2024
Superannuation death benefit
Superannuation withdrawal requested before member’s death paid after member’s death, whether it is member withdrawal or death benefit.
1052314462243
28/10/2024
Lump sum payments  
Any withdrawals made from a foreign trust be assessable in Australia under section 99B of the Income Tax Assessment Act 1936 (ITAA 1936).
1052313498061
28/10/2024
Investment Bonds
When you surrender an investment bond how to treat the proceeds and  capital gains.
1052302460746
16/10/2024
Superannuation – Contract employee
Are individuals who perform as a group accompanying the individual performer who is contracted by the Principal employees under the expanded definition of employee under subsection 12(8) of the Superannuation Guarantee Administration Act 1992 (SGAA)?
1052314366833
08/10/2024
Cryptocurrency
Is your use of cryptocurrency in the 2024 income year, considered a personal use asset?
1052312190473
04/10/2024
Legal expenses - total and permanent disability claim
Are you entitled to a deduction for legal expenses you incurred making a claim on your TPD insurance through super for your work-related injury?
1052270273375 
07/10/2024
Self-managed superannuation fund - deductions
Can the trustee of the superannuation fund able to make a choice to deduct amounts based on fund’s future liability to pay the benefits?
1052298845488
23/09/2024
Superannuation death benefit
Is the Beneficiary a death benefits dependant of the Deceased due to the interdependency relationship. The beneficiary is the parent of the deceased.
1052310718108
02/10/2024
Foreign superannuation fund
Regarding remitting superannuation on income derived by a non-resident employee while in Australia working remotely for the foreign company, for a period of less than several weeks in a rolling 12-month period.
1052311675660
01/10/2024
Foreign superannuation fund - lump sum payment
Whether a person receives a lump sum from a foreign superannuation fund after they became an Australian resident, then whether the earnings on their foreign superannuation during the period when they were a resident of Australia is included in their assessable income as 'applicable fund earnings'.
1052306330061
24/09/2024
Pension transfer bonus
Whether allocation of a pension transfer bonus constitutes an assessable contribution.
5010107482037
25/09/2024
Superannuation member benefit or death benefit
Whether withdrawal requested shortly before death but received after death is a superannuation member benefit.
1052272529250
18/09/2024
Superannuation death benefit - interdependency
Whether beneficiary is a death benefits dependant.
1052284493056
10/09/2024
Death benefits dependant - financial dependency 
Whether applicant is a death benefits dependant.
1052298349787
10/09/2024
Lump sum payments
Tax treatment of lump sum payments received from pension scheme.
1052284753226
30/08/2024
Individual retirement account
Whether Individual Retirement Account will be taxable in Australia while member is an Australian resident for taxation purposes.
1052288098802
30/08/2024
Death benefits dependant
Whether beneficiary was a dependant of the deceased.
1052299384391
05/092024
Superannuation member benefit or death benefit
Whether withdrawal requested shortly before death but received in a lump sum after death is a superannuation member benefit or superannuation death benefit. 

1052294627131
26/08/2024

Superannuation fund for foreign residents - withholding tax exemption Is the Fund, on behalf of its Defined Benefits Scheme, excluded from liability to withholding tax on interest, dividend and non-share dividend income derived from its Australian investments.
1052296904875
29/08/2024

Staking cryptocurrency

Does a CGT event happen at the time of staking or unstaking cryptocurrency.
1052292018496
16/08/2024
Superannuation death benefits
Whether section 302-10 of the Income Tax Assessment Act 1997 applies to the superannuation death benefit.
1052294858058
22/08/2024
Foreign life insurance policy
Whether any reversionary bonus is assessable upon surrender.
1052284933968
15/08/2024
Personal superannuation contribution deduction
Whether taxpayer claim a deduction for personal superannuation contributions.
1052273158502
05/08/2024
Superannuation death benefit
Whether payment of a superannuation death benefit to the Trustee of their spouse's Deceased Estate be treated as being paid to a death benefits dependant.
1052285939291
05/08/2024
Trailing commissions
Whether ATO will accept method of calculating assessable income associated with the purchase of rights to trailing commissions and the subsequent recoupment of the purchase price and a profit component.
1052270160673
26/07/2024
Death benefits dependant
Whether beneficiary is a death benefits dependant.
1052282304089
29/07/2024
CGT - retirement exemption
Whether small business retirement exemption applies to sale of commercial property.
1052265276277
25/07/2024
Superannuation death benefits dependant - financial dependency
Whether beneficiary is a death benefits dependant.
1052268337540
22/07/2024
Eligibility for a personal superannuation contributions deduction
Eligibility to claim a personal superannuation contributions deduction where the 'Notice of Intent' was not given to fund within the prescribed time limits.
1052251137650
06/06/2024
Undeducted purchase price of a foreign pension or annuity
Whether there is an entitlement to an undeducted purchase price deductible amount in respect of a foreign pension.
1052264278406
09/072024
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant due to being in an interdependency relationship.
1052263188063
25/06/2024
Residency of self managed superannuation fund
Whether fund satisfies the definition of Australian super fund.
1052264270824
24/06/2024
Forestry managed investment schemes
Whether project a 'forestry managed investment scheme'.
1052265397446
26/06/2024
Superannuation lump sum withdrawal
Whether Convention for the Avoidance of Double Taxation will apply to proposed lump sum withdrawal.
5010103428722
21/06/2024
Deductibility of personal superannuation contributions
Whether a tax deduction under Subdivision 290-C of the ITAA for a personal contribution can be claimed.
1052245926090
14/06/2024
Superannuation death benefit - financial dependency
Whether beneficiary is a death benefits dependant.
5010104098439
20/06/2024
Deductible purchase foreign persion
Entitlement to an undeducted purchase price deductible amount in respect of a foreign pension.
1052256797887
17/06/2024
CGT - small business concessions - retirement exemption
Eligibility for the small business CGT 15-year exemption.
1052230972699
17/06/2024
Personal services income
Whether PSI results test passed.
1052255851137
06/06/2024
Superannuation death benefit
Whether payment of a superannuation death benefit to the Trustee of the Deceased Estate is treated as if it had been paid to a death benefits dependant.
1052259954771
07/06/2024
Downsizer contribution
Whether ownership interest in a property satisfy the 10-year ownership condition for the purposes of applying the downsizer contribution to the proceeds of the property's disposal.
1052260189139
12/06/2024
Superannuation compensation
Whether compensation, interest component or capital gain received as part of a compensation payment assessable as ordinary income or disregarded.
1052256158339
30/05/2024
Foreign life insurance policy - reversionary bonus Whether any reversionary bonus received when life policy is surrendered is assessable.
1052256213131
31/05/2024
Superannuation lump sum withdrawal Whether Double Taxation agreement will apply to treat the lump sum withdrawal as non-taxable in Australia.
1052251090252
03/06/2024
Superannuation and workers compensation Whether company has an obligation to pay superannuation guarantee on "top-up" worker's compensation amounts paid by the insurer to employees for hours not worked.
1052252122595
24/05/2024
Football-ending injury payment
Whether payment received due to suffering a football-ending injury is an employment termination payment.
1052253056490
28/05/2024
Compensation payment for inappropriate advice - defined benefit scheme
Whether compensation payment and interest amount is assessable as ordinary income or capital gain.
1052204495090
22/05/2024
Disability superannuation payments
Whether payment received from fund is a disability superannuation benefit.
1052250823319
21/05/2024
Non-arm's length income
Whether a SMSF's future receipt of fully franked dividends from an entity result in non-arm's length income.
1052251874978
23/05/2024
Foreign superannuation
Whether director's fees paid by an Australian resident employer to a non-resident Non-Executive Director fall under SGAA.
1052252313956
23/05/2024
Forestry managed investment schemes Whether project a 'forestry managed investment scheme'.
1052246854228
06/05/2024
Pension income
Whether overseas military pension is assessable in Australia.

1052217335214
02/05/2024

CGT under the State Government's Home Buy Back Program
Whether CGT applies when a property is disposed of under the State Government's Home Buy Back Program.
1052230970586
03/05/2024
1052242955760
02/05/2024
Status of worker - superannuation guarantee
Whether a worker is a common law employee of the employer under the SG Act.
1052233404854
04/04/2024
1052235049428
11/04/2024
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant.
1052246383700
02/05/2024
Foreign retirement fund
Whether retirement fund a 'foreign superannuation fund' under the ITAA 1997 and are withdrawals assessed.
1052224162638
18/04/2024
Scam - bank account funds
Whether a capital loss on the theft of your bank account funds is claimable.
1052225828980
22/04/2024
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant.
1052044675678
12/04/2024
Foreign fund transfer of benefits
Whether interim and final payment from the UK scheme be taxed in Australia as lump sum payments.
1052235624183
16/04/2024
Superannuation employee's earnings
Whether an employee's earnings in respect of a rostered shift that was paid at double time rates form part of their ordinary time earnings.
1052229756798
08/04/2024
Lump sum payment - restraint of employment
Whether restraint of trade payment is assessable as a capital gain
1052191798968
09/04/2024
Superannuation status of worker
Whether members of a Committee are employees
1052219964151
28/03/2024
Ordinary time earnings
Whether a payment made to an employee for surrendering their designated rooms on site accommodation considered ordinary time earnings
1052234486701
26/03/2024
Foreign life insurance policy - reversionary bonus
Whether bonus received is not assessable
1052226878306
13/03/2024
Foreign superannuation lump sum benefit
Whether any part of lump sum payment from a foreign fund is assessable as applicable fund earnings
7915164105032
14/03/2024
First home super saver scheme - freehold interest in property
Whether a signed contract for the sale of real property falls within the meaning of 'freehold interest in real property in Australia'
1052212242321
26/02/2024
Superannuation death benefit – interdependency
Whether beneficiary a death benefits dependant
1052223476020
22/02/2024
CGT – retirement exemption
Whether a company has a significant individual for the purpose of meeting the criteria for the small business CGT concession retirement exemption
1052219472561
20/02/2024
Pension transfer bonus
Whether the allocation of a pension transfer bonus by the taxpayer to a member's account constitute an assessable contribution such that it forms part of the assessable income of the taxpayer
1052213316457
05/02/2024
Residency of SMSF Whether SMSF is an Australian Fund for the purposes of Income Tax Assessment Act 1997
1052217218005
07/02/2024
Superannuation guarantee payments Whether worker is an employee under the expanded definition of an employee under the Superannuation Guarantee (Administration) Act 1992
7910161077376
08/12/2023
Personal superannuation contributions deduction Eligibility to claim a personal superannuation contributions deduction
1052165034006
08/02/2024
Ordinary time earnings Whether conditional payment made by an employer is ordinary time earnings
1052214696956
06/02/2024
Foreign pension
Whether pension paid by an institution of the EU received by a resident taxpayer is assessable income
1052215520091
07/02/2024
Superannuation member benefit or death benefit Whether commutation and release of late member’s account a superannuation member benefit or superannuation death benefit
1052219478387
08/02/2024
CGT – small business retirement exemption Whether Commissioner will exercise their discretion to allow an extension of time to choose to apply the small business retirement exemption to a capital gain
1052182205181
8/02/2024
Superannuation death benefit – interdependency
Whether beneficiaries are death benefits dependants of the deceased due to being in an interdependency relationship with the deceased
1052208012784
22/01/2024
Superannuation guarantee - ordinary time earnings
Whether a cost of living allowance and proposed standby allowance for employees covered by an Enterprise Agreement constitute ordinary time earnings for SG purposes
1052210563845
29/01/2024
Status of worker – superannuation guarantee
Whether workers are employees for SG purposes
1052193953196
23/01/2024
Status of worker - salary and wages
Whether worker is a common law employee under Superannuation Guarantee (Administration) Act 1992
1052193364375
18/01/2024
Superannuation court payments
Whether payment to the client's bank account for outstanding superannuation subject to capital gains tax
1052193364375
18/01/2024
Superannuation court payments
Whether payment transferred to client's bank account for outstanding superannuation subject to capital gains tax
1051833950661
27/05/2021
Disability lump sum benefit
Whether the tax-free component of the superannuation lump sum be further increased by amending the service period in calculation of the modification for disability benefits
1052190823984
21/12/2023
Superannuation – common law employees
Whether workers common law employees of the principal
1052191798059
20/12/2023
Status of the worker and ordinary time earnings
Whether members (and acting members) of the Commission and Committee employees
1052195777350
18/12/2023
15-year retirement concession
Whether taxpayer satisfies the requirements to apply the 15-year exemption with respect to interest in Property
1052205272079
18/12/2023
Active asset reduction and retirement exemption
Whether active asset reduction and retirement exemption can be applied
1052206403023
20/12/2023
Pension income
Is annuity a pension under a Double Tax Agreement
1052187560814
8/12/2023
Superannuation death benefits dependent
Whether a beneficiary is a death benefits dependant of the deceased due to being a dependent of the deceased person
1052201859698
21/12/2023
Status of a worker
Whether Service Providers are considered common law employees for the purposes SGAA
1052196873566
5/12/2023
Superannuation death benefit – interdependency
Whether beneficiary a death benefits dependant due to being in an interdependency relationship
1052203491461
15/12/2023
Non-arm's length income
Whether a capital gain made by the Trustee for the Superannuation Fund is non-arm's length income
1052191967738
22/11/2023
Status of worker
Whether identified classifications of Service Providers were common law employees of the Principal under the Superannuation Guarantee Administration Act 1992
1052195337743
6/12/2023
Am I in business? - share trading
Whether losses from share transactions are assessable as business income
1052165893934
3/11/2023
Status of the worker - superannuation guarantee
Whether worker is a common law employee under the SGAA
1052179497566
3/11/2023
Status of employee – superannuation guarantee
Whether indigenous individuals engaged to provide ceremonial activities considered employees under SGAA
1052129076848
20/11/2023
Superannuation guarantee – honorariums
Whether entity is required to pay SG for honorarium payments made to members of a Human Research Ethics Committee
1052163364305
17/11/2023
Life assurance policy
Whether payment received on surrender of life insurance policy held for more than 10 years be assessable income
1052179436983
10/11/2023
Superannuation member benefit or death benefit
Whether payment, requested shortly before the Member's death, but paid after their death in a series of lump sum payments is a superannuation member benefit
1052182564816
22/11/2023
Unused concessional contributions cap - 5 year carry forward
Whether taxpayer is able to increase concessional contribution cap in the 2023-24 financial year, by applying previously unused concessional contributions cap amounts accrued from the 2018-19 to 2022-23 financial years
1052186179979
16/11/2023
Superannuation guarantee on lump sum
Whether undefined payment in settlement of a dispute between the employer and their former employee, form part of ordinary times earnings
1052132966588
17/11/2023
Member benefit or death benefit
Whether payments made by the Fund to the Deceased, shortly after their death, are superannuation member benefits
1052094912775
25/10/2023
Superannuation – ordinary time earnings
Which payments provided to relevant employees are considered Ordinary Time Earnings?
1052173165285
25/10/2023
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant due to being in an interdependency relationship
1052181061772
24/10/2023
Superannuation guarantee obligations
Whether SG payable on royalty payments for the performing artists contracted to perform promotional activity
1052180596381
18/10/2023
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant due to being in an interdependency relationship
1052152418803
05/10/2023
Assessable income – trailing commissions
Method of calculating assessable income associated with the purchase of rights to trailing commissions and the subsequent recoupment of the purchase price and a profit component
1052173599227
03/10/2023
Superannuation member benefit or death benefit
Whether withdrawal of the late member’s account requested shortly before their death but received after their death is a superannuation member benefit or superannuation death benefit
1052177957601
10/10/2023
Superannuation guarantee obligations
Whether relevant ‘permanent on-call’ and ‘ad-hoc on call’ allowance payments made applicable employees constitute OTE
1052164377008
12/10/2023
Assessable income – life assurance policy
Whether monthly payments received from a life insurance bond are included in assessable income
1052161795853
03/10/2023
Superannuation death benefit – interdependency relationship
Whether beneficiary is a death benefits dependant of the deceased
1052083458373
21/09/2023
Superannuation guarantee – status of the worker
Whether worker was common law employee under SGAA
1052160750132
29/09/2023
Status of the worker
Whether workers are considered employees
1052162946778
30/09/2023
Superannuation member benefit
Whether full commutation of pension is a superannuation member benefit or superannuation death benefit
1052119307083
25/08/2023
Interdependency – death benefits dependants
Whether beneficiary is a death benefits dependent
1052141918690 21/08/2023
Superannuation guarantee – status of the worker
Whether workers are employees under the Superannuation Guarantee Administration Act 1992
1052155666298 21/08/2023
Non-arm's length income expenses
Whether accounting services provided by the Trustee of the Fund is non-arm's length expense
1052150139585
(14/08/2023)
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant
1052099804169
(28/07/2023)
Superannuation death benefit
Whether trust estate income tax return is required
1052130346520
(31/07/2023)
1052147192081
(28/07/2023)
Superannuation guarantee – ordinary time earnings
Which allowances and payments are considered ordinary time earnings
1052132378413
(26/06/2023)
Non-arm's length income expenses Whether the accounting services provided by the trustee of the Fund resulted in non-arm’s length expenses under paragraph 295-550(1)(b) and (c) of the ITAA 1997
1052122053785
(29/06/2023)
Superannuation death benefit Will the payment of superannuation death benefit of the Deceased to the Trustee of her Deceased Estate be treated as if it had been paid to a death benefit dependant under subsection 302-10(2) of the ITAA 1997?
1052128390290
(13/06/2023)
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant
1052094539827
(14/06/2023)
Residency and foreign government pension
Whether pension recipient is an Australian resident and foreign pension assessable
1052110075086
(13/06/2023)
1052110106971
(13/06/2023)
Superannuation funds and deductions
Whether investment advice fees incurred by a Fund are deductible
1052125262948
(22/06/2023)
Superannuation death benefits dependant
Whether beneficiary a death benefits dependant of the deceased
5010088097103
(16/06/2023)
Reportable employer superannuation contributions
Whether additional contributions made on behalf of eligible employees to cover the cost of premiums and fees for insurance cover be reportable employer superannuation contributions
1052123084697
(09/06/2023)
Superannuation member benefit or death benefit
Whether the full commutation of the member’s pension phase account was a superannuation death benefit
1052126565424
(08/06/2023)
Deductions – income protection insurance
Whether you are entitled to a deduction for IP premiums paid to an Australian insurance provider
1052126739455
(07/06/2023)
Residency of superannuation fund Is the SMSF an Australian superannuation fund as defined in Income Tax Assessment Act 1997?
1052123710712
(01/06/2023)
Investment loss – scam
Entitlement to claim a capital loss as a result from an investment scam
1052091672127
(24/05/2023)
Superannuation member benefit or death benefit
Whether full commutation of pension phase account is a superannuation member benefit or superannuation death benefit
1052111810272
(22/05/2023)
Status of worker
Whether contractor guides are employees for the purposes of SGC
1052097421044
(15/05/2023)
Superannuation guarantee - church missionaries on home assignment Whether a missionary undertaking a period of home assignment on behalf of a Church is an employee
1052114600750
(15/05/2023)
Superannuation guarantee liability - expanded meaning of employee Whether paid external performers and sole trader contractors are considered to be employees
1052115159123
(12/05/2023)
Superannuation death benefit – interdependency
Whether beneficiary is a death benefits dependant
1052114600750
(12/05/2023)
CGT - 15-year exemption - in connection with retirement
Whether sale of interest in a service practise be in connection with your retirement for the purposes of the CGT, small business, 15-year exemption
1052105077732
(02/05/2023)
Superannuation guarantee obligations
Whether allowance paid is part of ordinary time earnings
1052107658399
(02/05/2023)
Superannuation death benefit
Whether lump sum payment received by a deceased estate is a superannuation death benefit

1052110076998
(02/05/2023)
1052110084072
(03/05/2023)

Superannuation funds – deductions
Whether investment advice fees incurred by The Trustee of a Superannuation Fund are deductible
1052054558102
(27/04/2023)
Ordinary time earnings
Whether allowance paid is part of ordinary time earnings
1052105526990
(05/04/2023)
Undeducted purchase price of a foreign pension or annuity
Entitlement to an undeducted purchase price deductible amount in respect of a foreign pension
1052105937926
(06/04/2023)
Superannuation funds – deductions
Whether advice fees are deductible by Trustee
1052106784389
(13/03/2023)
Days to retirement - lump sum disability superannuation benefit
Whether the date of ceasing to be capable of being gainfully employed is the last date of work attendance

1052096075384
(29/03/2023)

Death benefits dependant Whether beneficiary a death benefits dependant
5010091591387
(28/03/2023)
Deductibility of personal superannuation contributions Whether taxpayer entitled to claim a deduction for personal superannuation contributions
1052100163955
(23/03/2023)
Lump sum - maturity of life insurance policy
Whether amount received upon maturity of endowment policy is assessable income
1052078303343
(21/03/2023)
CGT - marriage breakdown rollover
Whether the marriage breakdown rollover provisions of the ITAA apply to a portion of your ownership interest in the property transferred by you to your ex-spouse
1052097327812
(20/03/2023)
Superannuation member benefits
Whether superannuation lump sum payment received by the Estate is a superannuation death benefit, with regard to any PAYG withholding obligations
1052090528673
(10/03/2023)
Superannuation lump sum benefit
Whether three benefits from a partial commutation requested before death but received after death are superannuation income stream benefits or superannuation lump sum benefits
1052085795035
(07/03/2023)
Income - commuted lump sum Whether commuted lump sum payment under the RTW Act is assessable as ordinary income or as a capital gain
1052089889365
(13/03/2023)
PAYG withholding - superannuation death lump sum benefits Does PAYG payment obligation fall to transferee or transferor fund in a successor fund transfer?
1052093515009
(08/03/2023)
Life assurance policies Whether maturity benefit from Endowment insurance policy included in assessable income
1052088820148
(20/02/2023)
Deductibility of personal superannuation contributions
Whether the tax payer is entitled to claim a deduction for personal superannuation contributions
1052056791054
(03/03/2023)
Lump sum payment from a foreign pension fund
Whether the pension fund a ‘foreign superannuation fund’ as defined in the Income Tax Assessment Act 1997
1052071887926
(09/02/2023)
1052085016911
(09/02/2023)
1052088316376
(16/02/2023
Superannuation death benefits Whether beneficiary a death benefits dependant
1052069799537
(06/02/2023)
CGT - in connection with retirement Whether disposal of a commercial premises is in connection with retirement
1052087895929
(22/02/2023)
Superannuation guarantee Whether SG made jointly by both a former employer and new employer up to the maximum contribution base be considered as provided 'on behalf of' each entity’
1052069799537
(06/02/2023)
CGT - in connection with retirement
Whether disposal of a commercial premises in connection with retirement will satisfy subparagraph 152-105(d)(i) of the ITAA 1997
1052071887926
(08/02/2023)
1052085016911
(09/02/2023)
Superannuation death benefits
Whether beneficiary a death benefits dependant
1052080537971
(30/01/2023)
Life insurance policy Assessability of payment received on maturity of a life insurance policy
1052056110453
1052057587350
(21/12/2022)
Superannuation death benefit
Whether beneficiary is a death benefits dependant due to being in an interdependency relationship
1052075245751
(13/01/2023) 
Non-arm's length income
Whether distribution of capital and/or discretionary trust income made by a discretionary trust to a SMSF will be non-arm's length income
1052076574562
(12/01/2023)
Property – superannuation Whether the sale of a property will be a taxable supply
1052068721837
(21/12/2022)
Deductibility of superannuation guarantee contributions Whether a deduction is claimable on the payments made in relation to superannuation contributions made on behalf of your employee
1052071110462
(21/12/2022)
Allocations from a reserve to a deceased member
Whether the allocation of an amount from a reserve account, which previously supported a pension, be a concessional contribution to the Deceased
1052018888403
(21/12/2022)
Foreign death benefits Whether any part of the foreign death benefit lump sum payment as assessable as applicable fund earnings
1052054234438
1052055995863
(08/12/2022)
Superannuation death benefit – interdependency Whether beneficiary is a death benefits dependant of the deceased person due to being in an interdependency relationship

1052012866454
(22/11/2022)

Superannuation death benefit – interdependency Whether beneficiary is a death benefits dependant
1052061929186
(23/11/2023)
Personal superannuation contributions deduction  Eligibility to claim a personal superannuation contributions deduction if this amount was held in lawyer's trust account instead of being paid to superannuation account due to the delay in a superannuation fund setup
1051999083598
(27/10/2022)
1052043368052
(25/10/2022)
1052048333655
(27/10/2022)
Superannuation death benefit Whether beneficiary is a death benefits dependant
1052051431524
(02/11/2022)
Personal superannuation contributions deduction 
Eligibility to claim a personal superannuation contributions deduction for contributions that were transferred to another complying superannuation fund prior to presenting the original superannuation fund with a notice of intent to claim a deduction
1052051559161
(03/11/2022)
SMSF - exchange traded options
Are the cost of closing out open sold positions deductible from premium received in the earlier income year
5010087334214
(24/10/2022)
Excess non-concessional contributions
Whether special circumstances exist to disregard part of the potential non-concessional contributions for the purposes of excess contributions tax
1052045211374
(15/11/2022)
Non-arm's length income
Whether the provision of taxation and accounting services for no cost cause an amount of ordinary income or statutory income to be 'non-arm's length income’
1052054434752
(08/11/2022)
Total superannuation balance and non-concessional contributions
Whether member will have excess non-concessional contributions if non-concessional contributions are made

1052034433831
(04/10/2022)

Foreign superannuation fund death benefit Whether any part of a death benefit lump sum payment is assessable as applicable fund earnings
1051992719602
(29/07/2022)
Superannuation death benefit – interdependency
Whether beneficiaries are death benefits dependants due to being in an interdependency relationship 
1052031797952
(13/09/2022)
Superannuation death benefit- financial dependency Are you a death benefit dependent of the deceased due to being financially dependent?
1052023159639
(17/08/2022)
Non-arm’s length income Will the dividend income derived by the fund be treated as non-arm’s length income?
1052010329481
(04/08/2022)
Reportable employer Superannuation Contribution  Can employees influence an employer’s obligated superannuation contributions, other than the salary sacrifice amounts?
1052015637824
(11/08/2022)
Deductibility of personal superannuation contributions Can you claim a deduction in respect of a personal superannuation contribution made to a complying superannuation fund?
1052013920611
(29/07/2022)
Cryptocurrency-profit making intention Whether you are entitled to a deduction under section 8-1 of the ITAA 1997 for the loss incurred from your cryptocurrency trading for a particular period
1052006516234
(13/07/2022)
Section 109M-related party loans Whether the section 109M of the Income Tax Assessment Act 1936 apply to drawdowns under an existing loan facility
1052001447376
(20/07/2022)
Non-arm's length expenditure Whether SMSF will derive any non-arm's length income in relation to the acquisition and operation of a property
1052004907200
(15/07/2022)
Compensation - inappropriate advice Whether the interest component amount of the compensation payment form part of assessable income
1052008688339
(21/07/2022)
CGT - involuntary sale of shares Whether CGT event occurred on the sale of shares without your consent as the result of financial adviser's mistake
5010081879065
(13/07/2022)
Superannuation death benefit interdependency Whether beneficiary isa a death benefits dependant due to being in an interdependency relationship
1051989582097
(21/07/2022)
1052002906874
(20/07/2022)
Death benefits Whether beneficiary is a death benefits dependent
1051997610959
(18/07/2022)
Life insurance bonuses Taxation of Trustee and Unit Holders of Life Insurance policy
1051694175099
(01/10/2020)
Cryptocurrency - non-fungible tokens Are Non-Fungible Tokens assets, personal use assets or collectables
1051996988923
(27/06/2022)
Superannuation guarantee - ordinary hours of work
Whether superannuation payable by reference to ordinary hours of work or all hours worked
1051994144492
1051994221103
1051994412548
(23/06/2022)
Compensation for inappropriate advice Whether interest component and remainder of the compensation for inappropriate advice was assessable as ordinary income or subject to CGT
1051996092579
(22/06/2022)
Death benefit dependent Whether the term "child" in the ITAA includes a child which is en ventre sa mere (“in the mother’s womb”) and is thereby a dependent and entitled to receive superannuation without deduction of tax
1051975202593
(20/06/2022)
Superannuation death benefit – interdependency Whether beneficiaries were death benefits dependants due to being in an interdependency relationship
1051983009655
(20/06/2022)
Superannuation contributions
Whether superannuation contributions made by both former employers and new employer be considered as provided 'on behalf of' each entity
1051989580413
(17/06/2022)
Ordinary time earnings Whether hours worked on weekends by the casual employees were "ordinary time earnings" for superannuation purposes
1051971162905
1051981208692
(01/06/2022)
1051988356895
(31/05/2022)
Superannuation - death benefits dependant Whether beneficiary was a death benefits dependant
1051988780639
(30/05/2022)
Superannuation member benefits Whether payment made by a Fund was superannuation death benefit
1051993261061
(14/06/2022)
Downsizer eligibility for land more than 2 hectares Eligibility to make a downsizer contribution into superannuation, utilising proceeds from the sale of farm property
1051983620501
(08/06/2022)
Lump sum payment from a foreign fund What’s assessable as applicable fund earnings
1051984402514
(09/06/2022)
Australian resident- social security pension from country x Is your social security pension income form Country X assessable in Australia
1051949604014
(30/05/2022)
Financial dependency
Whether applicant is a "death benefits dependant" of the deceased
5010080616006
(18/05/2022)
Residency of SMSF Will the Fund satisfy the definition of an Australian superannuation fund
1051981252610
(19/05/2022)
Undeducted purchase price of a foreign pension
Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051968891264
(13/05/2022)
Superannuation death benefit – interdependency Whether beneficiary is a death benefits dependant due to being in an interdependency relationship with the deceased
1051978862024
(05/05/2022)
Non-arm's length income Whether a capital gain made by a SMSF is non-arm’s length income
1051982719927
(13/05/2022)
Financial advice fees Whether advice fees incurred in developing and implementing a financial strategy for superannuation fund portfolio are deductible
1051972541719
(27/04/2022)
Scheme and non-arm's length income Whether a SMSF will derive non-arm's length income as a beneficiary of a trust
1051938964498
1051970218837
(07/04/2022)
Non-arm's length income Whether dividend income derived by a fund is treated as non-arm's length income
1051973551984
(21/04/2022)
Undeducted purchase price of a foreign pension Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051909154679
(09/12/2021)
1051931135802
1051913394341
(02/03/2022)
1051917793515
(22/11/2021)
1051934182714
(17/02/2022)
Superannuation death benefit – interdependency relationship Whether beneficiary/ies are death benefits dependant due to being in an interdependency relationship
1051952434259
(01/04/2022)
Deductibility of personal superannuation contributions utilizing unused concessional contributions Whether a tax deduction can be claimed for personal superannuation contributions
1051935254604
(31/03/2022)
Superannuation death benefit – interdependency Whether beneficiary a death benefits dependant of the deceased
1051964125210
(05/04/2022)
Disability superannuation benefit payment Whether disability superannuation benefit is taxable
1051950892840
(15/03/2022)
Superannuation death benefits Whether payments are death benefits
1051952560805
(04/03/2022)
Downsizer contributions eligibility 10-year ownership condition
1051787738528
(23/02/2022)
Foreign death benefit
Assessability of foreign death benefit lump sum payment
1051940294949
(18/01/2022)
Deductible amount of foreign pension Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051947219173
(01/03/2022)
Superannuation death benefit – interdependency Whether a beneficiary was a death benefits dependant
1051949341105
(02/03/2022)
Deductibility of personal superannuation contributions Availability of tax deduction for personal superannuation contributions
1051953913800
(02/03/2022)
Military pension income Whether military pension paid as a pension or a lump sum assessable in Australia
1051946609017
1051947049615
(14/02/2022)
Undeducted purchase price of a foreign pension Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051941017255
(25/01/2022)
1051944303492
(31/01/2022)
1051944174282
(07/02/2022)
Undeducted purchase price of a foreign pension Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051948195954
(11/02/2022)
Deductibility of personal superannuation contributions Requirements for claiming a deduction for personal superannuation contributions not been satisfied
1051928066816
1051928068523
(17/01/2022)
1051940551892
(24/01/2022)
1051940556537
(28/01/2022)
Superannuation death benefit Whether beneficiary is a death benefits dependant due to being in an interdependency relationship
1051936338943
(19/01/2022)
Undeducted purchase price of a foreign pension Entitlement to an undeducted purchase price deductible amount in respect of foreign pension
1051930041032
(06/01/2022)
Superannuation death benefit Whether beneficiary is a death benefits dependant due to being in an interdependency relationship
1051936329308
(04/01/2022)
Superannuation guarantee Whether a Superannuation Guarantee obligation arises in relation to consultancy arrangements
1051934380847
(20/12/2021)
1051934744327
(21/12/2021)
1051934842746
(22/12/2021)
Deductibility of personal superannuation contributions Whether tax deduction can be claimed for personal superannuation contributions under section 290-150
1051936208019
(22/12/2021)
1051936634346
(06/01/2022)
Superannuation death benefit
Whether beneficiaries are death benefits dependents due to being in an interdependency relationship
1051927673475
(16/12/2021)
Superannuation death benefits - interdependency relationship
Whether beneficiary in an interdependency relationship
1051932206400
(17/12/2021)
Reportable employer superannuation contributions Whether employees have the 'capacity to influence' the size or amount of the additional employer contributions under an enterprise agreement for the purpose of those contributions meeting the definition of reportable employer superannuation contributions
1051934238319
(17/12/2021)
1051934290028
(16/12/2021)
Deductibility of personal superannuation contributions Whether employees have the 'capacity to influence' the size or amount of the additional employer contributions under an enterprise agreement for the purpose of those contributions meeting the definition of reportable employer superannuation contributions
1051931285496
(09/12/2021)
Foreign pension income
Whether pension received from foreign country is included in assessable income in Australia
1051885845424
(25/11/2021)
1051912193364
(29/11/2021)
1051915870046
(02/11/2021)
1051925939372
(03/12/2021)
Superannuation death benefit – interdependency
Was the Beneficiary a death benefits dependant due to being in an interdependency relationship
1051858383424
(30/06/2021)
Pension tax bonus
Whether the allocation of a Pension Transfer Bonus constitutes an assessable contribution
1051919840124
(21/11/2021)
Superannuation death benefit - financial dependency
Whether beneficiaries are death benefits dependants due to being financial dependents of the Deceased just before he died
1051928510540
(13/12/2021)
Deductibility of personal superannuation contributions
Whether a tax deduction can be claimed for personal superannuation contributions
1051820928515
(07/04/2021)
Taxation of superannuation death benefits
Is the beneficiary a death benefits dependant, is death benefit payable non-assessable and non-exempt income, does the Trustee have to withhold any amount of income tax from the death benefits payable
1051924616376
(30/11/2021)
1051922966653
(24/11/2021)
Superannuation death benefit - dependant status of a former spouse
Whether beneficiary a death benefits dependant
1051907697491
(25/10/2021)
Superannuation death benefit
Whether children are death benefit dependants
1051920326857
(23/11/2021)
Superannuation death benefits paid to trustee of deceased estate
Whether death benefits paid from the estate of the deceased to the deceased's testamentary discretionary trust be treated as if these had been paid to death benefits dependants?
1051909642770
(19/10/2021)
1051918420695
(09/11/2021)
Superannuation death benefit – interdependency
Whether beneficiaries are a death benefit dependant
1051914995135
(02/11/2021)
1051918745226
(25/11/2021)
Superannuation benefits
Whether payment is a superannuation member benefit or death benefit
1051919952394
(16/11/2022)
1051921581630
(17/11/2021)
Superannuation death benefit - financial dependency
Whether beneficiaries are a death benefit dependant
1051917327040
(04/11/2021)
Superannuation death benefit Whether beneficiary is a death benefits dependant
1051909071246
(22/10/2021)
Deductibility of personal superannuation contributions Whether taxpayer is entitled to claim a deduction for personal superannuation contributions made to a fund during the 2019-20

Summarised below is the list of private binding rulings given by the ATO since 1 January 2021, as appearing in the Super News:

Private Binding Ruling number Topic  Detail 
1051896855738
(15/09/2021)
Superannuation death benefit – interdependency Whether Beneficiary was a death benefits dependent due to being in an interdependency relationship
1051887348773
(01/09/2021)
Superannuation death benefit – interdependency Whether Beneficiary was a death benefits dependent due to being in an interdependency relationship
1051892305399
(06/09/2021)
Financial dependency Whether beneficiary is a death benefits dependent
1051874751966
(04/08/2021)
CGT retirement concession period  Additional time granted to make the choice to apply the small business retirement exemption
1051826145734
(22/07/2021)
Superannuation death benefits paid to the trustee of a deceased estate Superannuation death benefits paid to the trustee of a deceased estate
1051875696668
(29/07/2021)
Death benefit interdependency Whether beneficiary is a death benefits dependant
1051838730781
(09/07/2021)
Taxation of superannuation death benefit  How the death benefits be treated when the superannuation is paid to an estate which has subsequent beneficiaries
1051852862577
(01/07/2021)
1051859886175
(14/07/2021)
Superannuation guarantee obligations Whether workers are considered common law employees under the Superannuation Guarantee Administration Act 1992 
1051862223080
(06/07/2021) 
Undeducted purchase price of a foreign pension annuity  Entitlement to an undeducted purchase price deductible amount in respect of foreign pension 
1051832194270
(17/06/2021)
Superannuation death benefit Interdependency relationship
1051835860382
(28/05/2021)
Personal superannuation contribution deduction  Deductibility of personal super contributions under section 290-150 ITAA 1997 
1051838016859
(01/06/2021)
Death benefits - meaning of death benefits dependant  Whether deceased died in line of duty for the purposes of section 302-195 ITAA 1997 
1051843855442
(31/05/2021)
Exempt current pension income   Whether a PSTs approach in calculating exempt income on behalf of their pension members is in accordance with ITAA  
1051847992937
(08/06/2021)
Death benefits – interdependency  Whether beneficiary was a death benefits dependant of the Deceased 
1051801853008
1051844037499
(28/05/2021)
Interdependency Whether beneficiary a death benefit dependent
1051844934877
(02/06/2021)
Superannuation lump sum benefit Whether payment from an Australian superannuation fund is tax-free due to a terminal medical condition
1051835322989
(14/05/2021)
Superannuation death benefit - de-facto spouse
Superannuation death benefit - de-facto spouse
1051830499594
(14/05/2021)
Superannuation death benefit
Interdependency relationship 
1051831137624
(06/05/2021)
Death benefit - interdependency Is an adult child a death benefits dependent 
1051801885159
(28/04/2021)
Death benefit - interdependency relationship
Whether beneficiary was a death benefits dependant due to being in an interdependency relationship 
1051805886314
(23/03/2021)
Superannuation guarantee - ordinary time earnings  Which of the various allowances and payments paid to employees are considered ordinary time earnings 
4120081782964
4120081782980
(27/04/2021)
Undeducted purchase price of a foreign pension or annuity 
Entitlement to an undeducted purchase price deductible amount in respect of a foreign pension 
1051807649739
(17/03/2021)
Residency status of a SMSF Will the SMSF satisfy the definition of an Australian superannuation fund with two of four members temporarily living overseas?
1051816405378
(19/03/2021)
Death benefit dependants Is the beneficiary (the spouse) a dependant for tax purposes and is the death benefit paid tax free in the hands of the beneficiary?
1051759494255
(06/04/2021)
1051812182536
1051817808617
(01/04/2021)
Death benefits and interdependency relationship
Are the Deceased's parents death benefits dependants
1051808298030
(24/02/2021)
Superannuation guarantee and ordinary time earnings   Does a car allowance paid to an employee of an employer form part of ordinary time earnings under the Superannuation Guarantee (Administration) Act 1992?  
1051808019804
(22/02/2021)
Superannuation guarantee   Obligation to pay SG while employee performed services for a Government department in another country 
1051798578303
(10/02/2021)
1051804209688
(11/02/2021)
Residency status of a self-managed superannuation fund  SMSF member moving overseas temporarily  
1051793918994
(05/01/2021)
Deductibility of personal superannuation contributions Inability to claim tax deduction for contributions
1051794987548
(14/01/2021)
Pension income Overseas pensions taxable in Australia
1051795225241
(13/01/2021)
Death benefit dependants Dependant status of de facto and adult child
1051796002006
1051796052840
(13/01/2021)
Undeducted purchase price of a foreign pension or annuity Entitlement to a UPP deductible amount
1051772198272
(18/12/2020)
1051792113628
(23/12/2020)
Interdependency relationship Whether beneficiaries are a death benefit dependants by virtue of being in an interdependency relationship
1051789228107
(22/01/2021)
1051798675729
(21/01/2021)
Death benefits and interdependency relationship Whether beneficiary a death benefits dependant
1051790210533
(16/12/2020)
Death benefits Can payment made by the fund be treated as a non- assessable and non-exempt member benefit 
1051798721928
(25/01/2021)
Deductibility of personal superannuation contributions  Is taxpayer entitled to claim a deduction for personal superannuation contribution 
1051794531100
(08/01/2021)
Pension income  Assessability under double taxation agreement 
1051754180223
(02/11/2020)
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
(18/11/2020)
Lump sum payment from a foreign pension fund  Applicable fund earnings included in assessable earnings
1051777356138
(10/11/2020)
Superannuation – employees  Are the board members of a charity employees for the purposes of Superannuation?
1051777821161
(10/11/2020)
1051784490356
(30/11/2020)
1051784574026
(27/11/2020)
Undeducted purchase price of a foreign pension or annuity Entitled to an undeducted purchase price deductible amount
1051786041602
(01/12/2020)
1051786420087
(02/12/2020)
Lump sum payment from a foreign superannuation fund  Drawdown payments from UK pension scheme be taxed in Australia as lump sum payments

See full list of Private Binding Rulings

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