Commonwealth Consolidated Regulations

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INCOME TAX ASSESSMENT REGULATIONS 1997 - REG 307.200.03

Meaning of superannuation interests -- treating a superannuation interest as 2 or more superannuation interests (public sector schemes)

         (1)   For subsection 307‑200 (1) of the Act, this regulation explains how to treat a superannuation interest in a public sector superannuation scheme as 2 or more superannuation interests.

         (2)   The interest is to be treated as 2 interests if:

                (a)    the superannuation benefit that is to be paid from the scheme is sourced:

                          (i)    partly from contributions made into the scheme or earnings on those contributions; and

                         (ii)    partly from 1 or more other sources; or

               (b)    the superannuation benefits that are to be paid from the scheme are sourced:

                          (i)    partly from contributions made into the scheme or earnings on those contributions; and

                         (ii)    partly from 1 or more other sources.

         (3)   For subregulation (2), the interests are:

                (a)    an interest that consists of the contributions made into the scheme and the earnings on those contributions; and

               (b)    an interest that consists of the remainder of the amount sourced from the other source or sources.

         (4)   For this regulation, an amount specified in a notice given under subsection 307‑285 (1) of the Act by the trustee of a scheme is not included as contributions made into the scheme or earnings on those contributions.



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