{"id":"F2011L02122","name":"Self-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Repeal Determination 2011","slug":"self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":87519,"registerId":"commonwealth-F2011L02122-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Self-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Repeal Determination 2011","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: Taxation Administration Act – Withholding Schedule\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nLegislative Instrument\n\n \n\nSelf-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Repeal Determination 2011\n\n \n\nI, Neil Olesen, Deputy Commissioner of Taxation, make this determination under the following provision:\n\n \n\nparagraph 66(2)(d) of the Superannuation Industry (Supervision) Act 1993. \n\n \n\n \n\n \n\n \n\n \n\nNeil Olesen\n\nDeputy Commissioner of Taxation\n\n \n\nDated: 14 October 2011\n\n \n\n \n\n1.               Name of Determination\n\n\nThis determination is the Self-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Repeal Determination 2011.\n\n \n\n2.                  Commencement\n\nThis determination is taken to have commenced on 17 November 2010.\n\n \n\n3.                  Repeal\n\nThe Self-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Determination 2006 is repealed. – F2006L02884 registered on the 30th August 2006.\n","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument is a repeal and has not itself been amended."},"complexity_factors":["Short single-purpose instrument","Repeal of an earlier determination","No new substantive provisions"],"plain_english_summary":"This instrument repeals the 2006 determination that allowed a self‑managed superannuation fund (SMSF) to acquire assets from a member or related party after a marriage or relationship breakdown without breaching the SIS Act. The repeal, effective retrospectively from 17 November 2010, removes that specific exception. Trustees, advisers and family law practitioners can no longer rely on the 2006 determination and must instead follow the SIS Act, regulations or other applicable exemptions when structuring post‑separation asset transfers."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2579},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument solely repeals the 2006 Determination and does not expand beyond its stated purpose of removing redundant law. It performs exactly the cleanup function intended."},"complexity_factors":["Extremely short (only 3 operative sections)","No defined terms or interpretation provisions","Single substantive action (repeal of F2006L02884)","Requires external knowledge of the 2006 Determination to understand full implications"],"plain_english_summary":"This instrument **cancels an old Tax Office rule** from 2006 that allowed self-managed super funds (SMSFs) to buy assets from members during marriage breakdowns.\n\nNormally, SMSFs are **banned from acquiring assets from members** (to prevent people shifting personal property into super for tax breaks). The 2006 rule created a special exception for divorce settlements, letting SMSFs accept asset transfers from separating spouses.\n\nThis 2011 instrument **repeals that exception**, backdated to 17 November 2010. The repeal cleans up redundant law because the underlying *Superannuation Industry (Supervision) Act* was updated to handle marriage breakdowns directly, making this specific Tax Office permission unnecessary.\n\n**Who it affects:** SMSF trustees and members going through separation.\n**Why it matters:** SMSFs must now rely on the general rules in the Superannuation Act when dealing with assets in divorce settlements, rather than this specific exemption."}},"importantCases":[],"_links":{"self":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011","history":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011/history","analysis":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011/analysis","conflicts":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011/conflicts","importantCases":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011/important-cases","documents":"/api/acts/self-managed-superannuation-funds-assets-acquired-on-marriage-breakdown-repeal-determination-2011/documents"}}