Commonwealth Consolidated Regulations

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RETIREMENT SAVINGS ACCOUNTS REGULATIONS 1997 - REG 4.38

Meaning of taxed splittable contribution and untaxed splittable contribution

         (1)   Subject to subregulation (2), a taxed splittable contribution is a contribution that is:

                (a)    a contribution that will be included in the assessable income of an entity as:

                          (i)    a taxable contribution for section 274 of the Tax Act; or

                         (ii)    a contribution under Subdivision 295‑C of the 1997 Tax Act; or

               (b)    made on or after 1 January 2006.

         (2)   Each of the following is not a taxed splittable contribution :

                (a)    a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;

               (b)    an amount allotted under this Division;

                (c)    a superannuation lump sum that is paid from a foreign superannuation fund.

         (3)   Each of the following is not an untaxed splittable contribution :

                (a)    a payment made to a superannuation fund by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing superannuation benefits for, or for dependants of, an employee of the employer;

               (b)    a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;

                (c)    an amount allotted under this Division;

               (d)    a superannuation lump sum that is paid from a foreign superannuation fund.        

         (4)   Each of the following is not an untaxed splittable contribution :

                (a)    a payment made to an RSA by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing RSA benefits for, or for dependants of, an employee of the employer;

               (b)    an amount that has been rolled over, transferred or allotted;

                (c)    a lump sum payment from an eligible non‑resident non‑complying superannuation fund.



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