Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p60
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 60/80)
Character Range: 4494220–4497124

start of the second year is less than the *general transfer balance cap for the second year; and
 (ii) your *non‑concessional contributions for the first year fall short of your cap for the first year (worked out under subsection (5));
  that shortfall; or
 (b) otherwise—nil.

Third year of bring forward
 (7) Your non‑concessional contributions cap for the third year is:
 (a) if:
 (i) your *total superannuation balance immediately before the start of the third year is less than the *general transfer balance cap for the third year; and
 (ii) your *non‑concessional contributions for the second year fall short of your cap for the second year (worked out under subsection (6));
  that shortfall; or
 (b) if:
 (i) your total superannuation balance immediately before the start of the third year is less than the general transfer balance cap for the third year; and
 (ii) your cap for the second year is nil; and
 (iii) your non‑concessional contributions for the first year fall short of your cap for the first year (worked out under subsection (5));
  that shortfall; or
 (c) otherwise—nil.

292‑90  Your non‑concessional contributions for a financial year
 (1) The amount of your non‑concessional contributions for a *financial year is the sum of:
 (a) each contribution covered under subsection (2); and
 (aa) each amount covered under subsection (4); and
 (b) the amount of your *excess concessional contributions (if any) for the financial year.

Modification for released excess concessional contributions
 (1A) However, if:
 (a) you make a valid request under section 131‑5 in Schedule 1 to the Taxation Administration Act 1953 in relation to *excess concessional contributions you have for the *financial year; and
 (b) a *superannuation provider pays an amount in relation to the release authority issued under section 131‑15 in that Schedule in relation to that request;
the amount paid is first increased, by dividing it by 85%, and the increased amount is applied to reduce the amount of excess concessional contributions mentioned in paragraph (1)(b) of this section.

Non‑concessional contributions and amounts
 (2) A contribution is covered under this subsection if:
 (a) it is made in the *financial year to a *complying superannuation plan in respect of you; and
 (b) it is not included in the assessable income of the *superannuation provider in relation to the *superannuation plan, or, by way of a *roll‑over superannuation benefit, in the assessable income of any *complying superannuation fund or *RSA provider in the circumstances mentioned in subsection 290‑170(5) (about successor funds); and
 (c) it is not any of the following:
 (i) a Government co‑contribution made under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003;
 (ii) a contribution covered under section 292‑95 (payments that relate to structured settlements or orders for personal