Commonwealth Consolidated Regulations

SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) REGULATIONS 1997 - REG 2H

For subparagraph (a) (ii) of the definition of contributed amounts in section 43 of the Act, an amount is credited, allocated or attributable to a member of a superannuation scheme for the 1999-2000 financial year, or a later financial year, if:

(a)

the amount is credited, allocated or attributed by the relevant superannuation provider to an account for the member for the financial year from an investment, contribution or miscellaneous reserve established for the purpose of dividing a surplus that the scheme had at any time after 30 June 1997; and

(b)

the amount exceeds an amount that, in the opinion of an eligible actuary, is reasonable having regard to:

(i)

the amounts paid for or by the member to the provider for the financial year; and

(ii)

the scheme's investments earnings relating to the member's interest in the scheme for the financial year; and

(iii)

any other matter the actuary considers relevant.