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Percentage Payment Splits - Asset Test Exempt Income Streams

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Last amended 
1 July 2019
Calculating the asset value

This table shows how to calculate the asset value of an asset-test exempt income stream where the superannuation agreement or court order specified that payments from the original Family Law Affected income stream owned by the member are to be split with the former partner (non-member) on a percentage basis.

For Allocated or Account-based Income Streams, Defined Benefit Income Streams, Asset-tested Long Term Income Streams or Lifetime Income Streams, see the relevant pages under 10.5.6 Family Law Affected Income Streams.

Note that the assets test assessment for asset-test exempt income streams depends on the purchase date of the income stream:

  • for income streams purchased before 20 September 2004, no asset value is assessed
  • for income streams purchased between 20 September 2004 and 19 September 2007, 50% of the asset value is assessed
  • for income streams purchased from 20 September 2007, 100% of the asset value is assessed.

Step

Action

1

Determine the percentages in the payment split for the owner (MSPROP) and the former partner (NMSPROP).

2

Calculate the notional purchase price (NPP) at the operative time for the original FLA income stream.

The NPP = the purchase price of the original FLA income stream on the commencement day less any commutations made before the operative time.

3

Calculate the NPP for the primary and secondary FLA income streams by applying MSPROP and NMSPROP respectively to the NPP.

NPP for the primary FLA income stream: (MSNPP) = NPP x MSPROP

NPP for the secondary FLA income stream: (NMSNPP) = NPP x NMSPROP

4

Calculate the asset value of the primary FLA income stream using the formula

MSNPP – ([MSNPP / relevant number] x term elapsed)

Calculate the asset value of the secondary FLA income stream using the formula:

NMSNPP – ([NMSNPP / relevant number] x term elapsed)

Relevant number is the relevant number of the original FLA income stream on its commencement day.

Term elapsed is the number of years elapsed since the commencement day of the original FLA income stream.

Impact of subsequent commutations on asset value

Any commutation made after the operative time is apportioned between the primary and secondary FLA income streams in the same proportion as the original percentage payment split. The commutation will affect the NPP and therefore the asset value of both the primary and secondary FLA income streams.

Subsequent reviews of asset value

FLA income streams are subject to the same asset value reviews as other income streams. The first six or twelve monthly review of the primary and/or secondary FLA income streams is taken from the time of the previous review date of the original FLA income stream. If the original FLA income stream has not yet had its first review, the review of the primary and/or secondary FLA income stream is taken from the commencement day of the original FLA income stream.

Income test assessment

This table shows how to calculate the assessable income from the income stream.

Step

Action

1

Determine the percentages in the payment split for the owner (MSPROP) and the former partner (NMSPROP).

Determine the gross income for the owner and the former partner.

2

Calculate the notional purchase price (NPP) at the operative time for the original FLA income stream.

The NPP = the purchase price of the original FLA income stream on the commencement day less any commutations made before the operative time.

3

Calculate the NPP for the primary and secondary FLA income streams by applying MSPROP and NMSPROP respectively to the NPP.

NPP for the primary FLA income stream (MSNPP) = NPP x MSPROP

NPP for the secondary FLA income stream (NMSNPP) = NPP x NMSPROP

4

Calculate the deduction amount for the primary and secondary FLA income streams.

Deduction for the owner = MSNPP / relevant number

Deduction for the former partner = NMSNPP / relevant number

Relevant number is the relevant number of the original FLA income stream on its commencement day.

5

Reduce the gross income of the primary and secondary FLA income streams by their respective deduction amounts.

Impact of subsequent commutations on assessable income

Any commutation made after the operative time is apportioned between the primary and secondary FLA income streams in the same proportion as the original percentage payment split. The commutation will affect the gross income, NPP and therefore the deduction amount for both the primary and secondary FLA income streams.


 

The commencement day in relation to an income stream is the first day of the period to which the first income stream payment relates. This is usually one instalment period before the date of the first income payment.

The commencement day cannot occur prior to:

  • when all of the capital which is to support the income stream is available to the income stream provider;
  • the day established as the commencement day in relation to the terms and conditions agreed between the income stream provider and the individual; and
  • in circumstances where the individual or their beneficiary becomes entitled to the income stream as per the terms and conditions, the time at which the entitlement to start the income stream arises.

Legislative reference:  subsection 5J(1) of the Veterans' Entitlements Act 1986.

 

 

A commutation, in relation to an income stream, is the conversion of part or all of the future income stream payments into a lump sum. A commutation is similar to a withdrawal.

 

 

An income stream's relevant number is the length of time an income stream is paid for. It can be a fixed term or the life expectancy factor of the payee or reversionary beneficiary.