Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:19:p10
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 19 (pt 10/14)
Character Range: 79441–82270

conditions specified in subsection (2);
the conditions are that:
 (c) section 292‑90.02 does not apply in relation to the allocation; and
 (d) the amount is not covered by subsection (3) of this section; and
 (e) the amount is not allocated in accordance with the conditions specified in subsection 291‑25.01(2); and
 (f) the amount is not an amount mentioned in subsection 99G(6) of the Superannuation Industry (Supervision) Act 1993 that is refunded in accordance with that subsection.

Excluded contributions and payments
 (3) Each of the following amounts is covered by this subsection:
 (a) a Government co‑contribution made under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003;
 (b) a contribution covered under section 292‑95 of the Act;
 (c) a contribution covered under section 292‑100 of the Act, to the extent that it does not exceed the CGT cap amount when it is made;
 (d) a contribution made to a constitutionally protected fund (other than a contribution included in the contributions segment of the member's superannuation interest in the fund);
 (e) contributions not included in the assessable income of the superannuation provider in relation to the superannuation plan because of a choice made under section 295‑180 of the Act;
 (f) a contribution that is a roll‑over superannuation benefit;
 (g) the tax free component of a directed termination payment (within the meaning of section 82‑10F of the Income Tax (Transitional Provisions) Act 1997) made in the financial year on behalf of you.

292‑90.02  Allocations from reserves—allocations that aren't included in your non‑concessional contributions
 (1) For the purposes of paragraph 292‑90.01(2A)(c), this section applies in relation to the allocation of an amount in a complying superannuation plan for you for a financial year from a reserve if any of subsections (2) to (6) of this section applies.
Note: The result of this section applying in relation to an allocation is that the allocation does not satisfy the condition in subsection 292‑90.01(2A) for inclusion in your non‑concessional contributions for a financial year.
 (2) This subsection applies if:
 (a) the allocation of the amount for you is part of the allocation, in a fair and reasonable manner, of amounts to accounts for:
 (i) every member of the complying superannuation plan; or
 (ii) if you are member of a class of members of the complying superannuation plan, and the reserve relates only to that class of members—every member of the class; and
 (b) the total amount that is allocated for you for the financial year as part of allocations to which paragraph (a) applies is less than 5% of the value of your interest in the complying superannuation plan at the time of allocation; and
 (c) the amount would not be assessable income of the complying