{"id":"F2017L01273","name":"Reporting of event based transfer balance account information in accordance with the Taxation Administration Act 1953","slug":"reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97197,"registerId":"commonwealth-F2017L01273-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Reporting of event based transfer balance account information in accordance with the Taxation Administration Act 1953","content":"Legislative Instrument\n\nReporting of event based transfer balance account information in accordance with the Taxation Administration Act 1953\n\nI, James O’Halloran, Deputy Commissioner of Taxation, make this determination under the following provisions:\n\nTaxation Administration Act 1953 (Schedule 1)\n\nSection 390-5 and Section 390-20\n\nJames O’Halloran\n\nDeputy Commissioner of Taxation\n\nDated: 14 September 2017\n\n1.  Name of instrument\n\nThis determination may be cited as ‘Reporting of event based transfer balance account information in accordance with the Taxation Administration Act 1953’.\n\n2. Commencement\n\n    This instrument will commence on the day after it is registered on the Federal Register of Legislation and will apply from 1 October 2017.\n\n3. Application\n\nThis instrument applies to every superannuation provider in relation to a superannuation plan and every life insurance company, who is required to lodge a Transfer Balance Account Report (TBAR).\n\nThe TBAR is required to be lodged, no later than 10 business days after the end of the month, or such later date as I may allow, in which the relevant reporting event occurred.\n\n4. Definitions\n\n‘Superannuation provider’ and ‘life insurance company’ take their meanings from the Income Tax Assessment Act 1997.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: setting the specific reporting timeframe for TBAR lodgments. It does not expand beyond the procedural administrative function authorised by sections 390-5 and 390-20 of the Taxation Administration Act 1953."},"complexity_factors":["Very short instrument — only 4 operative sections plus preamble","Minimal defined terms — only 2 definitions, both referencing external legislation (Income Tax Assessment Act 1997)","No nested exceptions or conditional logic — single straightforward reporting deadline with one discretionary override ('such later date as I may allow')","Heavy reliance on external statutory framework — the actual substantive rules about what must be reported and when are contained in the Taxation Administration Act 1953 and Income Tax Assessment Act 1997, not in this instrument itself","Simple administrative determination format — essentially delegates timing and procedural requirements rather than creating substantive obligations"],"plain_english_summary":"This ATO rule requires superannuation providers and certain life insurers to lodge a Transfer Balance Account Report (TBAR) when events change a member’s transfer balance — e.g., starting or commuting a pension or certain death benefit payments. Reports must be lodged within 10 business days after the month-end (with possible extensions). It lets the ATO monitor transfer balance caps in near real-time to identify excesses and apply tax consequences."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the classes of entities required to report; it specifies timing, commencement and who may be granted an extension. The text applies the existing reporting obligation to superannuation providers and life insurers defined by the Income Tax Assessment Act 1997 and sets the lodgement deadline (sections 3–4)."},"complexity_factors":["Straightforward, short instrument focused on timing and application rather than substantive tax rules (whole instrument).","Reporting deadline requirement: TBAR must be lodged no later than 10 business days after month-end in which the event occurred (section 3).","Limited administrative discretion: Deputy Commissioner may allow a later lodgement date, introducing case-by-case variance (section 3).","Scope defined by external legislation: 'superannuation provider' and 'life insurance company' reference the Income Tax Assessment Act 1997, creating cross‑reference dependency (section 4).","Commencement mechanics: instrument commences day after registration and applies from a fixed calendar date, requiring attention to timing for compliance (section 2).","Broad application: applies to every provider/company required to lodge a TBAR — may cover many entities and occasions (section 3)."],"plain_english_summary":"This determination requires superannuation providers and life insurance companies that must lodge a Transfer Balance Account Report (TBAR) to submit event-based TBARs within 10 business days after the end of the month in which the reporting event occurred. The Deputy Commissioner may allow a later date. The instrument takes effect the day after registration and applies from 1 October 2017. It matters because it creates a short, fixed reporting deadline and gives limited administrative discretion, affecting providers' compliance timing and administrative burden."}},"importantCases":[],"_links":{"self":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini","history":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini/history","analysis":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini/analysis","conflicts":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini/conflicts","importantCases":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini/important-cases","documents":"/api/acts/reporting-of-event-based-transfer-balance-account-information-in-accordance-with-the-taxation-admini/documents"}}