Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_8:p7
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 7/11)
Character Range: 215895–218852

*excess untaxed roll‑over amount (if any) of the *roll‑over superannuation benefit as part of the *tax free component of the benefit instead of the *taxable component of the benefit.

307‑225  What is the crystallised segment?

 (1) To work out the crystallised segment of a *superannuation interest, first assume that:
 (a) an eligible termination payment had been made in respect of the holder of the interest just before 1 July 2007; and
 (b) the amount of the eligible termination payment had been equal to the *value of the interest at that time.

 (2) The crystallised segment of the *superannuation interest is so much of the *value of the interest as consists of the total of the following components of the eligible termination payment:
 (a) the concessional component;
 (b) the post‑June 1994 invalidity component;
 (c) the undeducted contributions;
 (d) the CGT exempt component;
 (e) the pre‑July 83 component.

 (3) For the purposes of paragraph (2)(e), disregard the *value of the interest just before 1 July 2007 to the extent that it would consist, apart from this subsection, of the *element untaxed in the fund of the *taxable component of a *superannuation benefit constituted by the eligible termination payment.

 (4) In this section, the following terms have the same meaning as in subsection 27A(1) of the Income Tax Assessment Act 1936 (as in force just before 1 July 2007):
 (a) concessional component;
 (b) post‑June 1994 invalidity component;
 (c) undeducted contributions;
 (d) CGT exempt component;
 (e) pre‑July 83 component;
 (f) eligible termination payment.

Subdivision 307‑E—Elements taxed and untaxed in the fund of the taxable component of superannuation benefit

Table of sections

307‑275 Element taxed in the fund and element untaxed in the fund of superannuation benefits
307‑280 Superannuation benefits from constitutionally protected funds etc.
307‑285 Trustee can choose to convert element taxed in the fund to element untaxed in the fund
307‑290 Taxed and untaxed elements of death benefit superannuation lump sums
307‑295 Superannuation benefits from public sector superannuation schemes may include untaxed element

307‑275  Element taxed in the fund and element untaxed in the fund of superannuation benefits

 (1) The *taxable component of a *superannuation benefit consists of an element taxed in the fund or an element untaxed in the fund, or both.

 (2) The *taxable component of a *superannuation benefit consists wholly of an element taxed in the fund except as provided in a later section of this Subdivision.

 (3) Despite subsection (2), the *taxable component of any of the following kinds of *superannuation benefit consists wholly of an element untaxed in the fund:
 (a) a *small superannuation account payment;
 (b) a *superannuation guarantee payment.

307‑280  Superannuation benefits from constitutionally protected funds etc.

 (1) The *taxable component of a *superannuation benefit paid