Income tax: will the Commissioner exercise his discretion under subsection 27H(3) of the Income Tax Assessment Act 1936 in determining the deductible amount in relation to a superannuation pension or 'eligible annuity' split pursuant to an agreement or court order on marriage breakdown?

TD 2006/34 explains that the Commissioner will exercise his discretion under subsection 27H(3) of the Income Tax Assessment Act 1936 (ITAA1936) in determining the deductible amount where a superannuation pension or annuity is split between a member and non-member spouse pursuant to an agreement or court order on marriage breakdown.

Subsection 27H of the ITAA 1936 was amended by the Superannuation Legislation Amendment (Simplification) Act 2007 and no longer applies to superannuation income streams.

TD 2006/34 has no ongoing relevance and is therefore withdrawn without replacement.