SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 6.41 Meaning of taxed splittable contribution , untaxed splittable contribution and untaxed splittable employer contribution
SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 6.41
Meaning of taxed splittable contribution , untaxed splittable contribution and untaxed splittable employer contribution(1) Subject to subregulation (2), a taxed splittable contribution 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
(c) an allocated surplus contribution amount.
(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) Subject to subregulation (4), an untaxed splittable contribution :
(a) is a contribution made by a fund member or by another person to a regulated superannuation fund; but
(b) does not include a contribution of that kind that:
(i) is made after 5 April 2007; and
(ii) will not be included in the assessable income of an entity as:
(A) a taxable contribution for section 274 of the Tax Act; or
(B) a contribution under Subdivision 295 - C of the 1997 Tax Act.
(4) 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) superannuation lump sum that is paid from a foreign superannuation fund.
(5) Subject to subregulation (6), an untaxed splittable employer contribution:
(a) is a contribution made by the Commonwealth, a State or a Territory to a public sector superannuation scheme; but
(b) does not include a contribution of that kind 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.
(6) Each of the following is not an untaxed splittable employer 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.