Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p52
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 52/80)
Character Range: 4472084–4475152

financial year.

291‑25  Your concessional contributions for a financial year
 (1) The amount of your concessional contributions for a *financial year is the sum of:
 (a) each contribution covered under subsection (2); and
 (b) each amount covered under subsection (3).
Note: For rules about defined benefit interests, see Subdivision 291‑C.
 (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 included in the assessable income of the *superannuation provider in relation to the plan, or, by way of a *roll‑over superannuation benefit, in the assessable income of a *complying superannuation fund or *RSA provider in the circumstances mentioned in subsection 290‑170(5) (about successor funds); and
 (c) it is not an amount mentioned in subsection 295‑200(2); and
 (d) it is not an amount mentioned in item 2 of the table in subsection 295‑190(1); and
 (e) it is not an amount mentioned in subsection 99G(6) of the Superannuation Industry (Supervision) Act 1993 that is refunded in accordance with that subsection.
 (3) An amount in a *complying superannuation plan is covered under this subsection if it is allocated by the *superannuation provider in relation to the plan for you for the year in accordance with conditions specified in the regulations.
 (4) For the purposes of paragraph (2)(b), disregard:
 (a) table item 5.3 in section 50‑25 (about income tax exemption for constitutionally protected funds); and
 (b) Subdivision 295‑D (about excluded contributions).

Subdivision 291‑C—Modifications for defined benefit interests

Guide to Subdivision 291‑C

291‑155  What this Subdivision is about
      This Subdivision modifies the meaning of concessional contributions relating to defined benefits interests.

Table of sections

Operative provisions
291‑160 Application
291‑165 Concessional contributions—special rules for defined benefit interests
291‑170 Notional taxed contributions
291‑175 Defined benefit interest

Operative provisions

291‑160  Application
  This Subdivision applies if, in a *financial year, you have:
 (a) a *superannuation interest that is or includes a *defined benefit interest; or
 (b) more than one superannuation interest that is or includes a defined benefit interest.

291‑165  Concessional contributions—special rules for defined benefit interests
 (1) Despite section 291‑25, the amount of your concessional contributions for the *financial year is the sum of:
 (a) the contributions covered by subsection 291‑25(2), and the amounts covered by subsection 291‑25(3), to the extent to which they do not relate to the *defined benefit interest or interests; and
 (b) your *notional taxed contributions for the financial year in respect of the defined benefit interest or interests; and
 (c) the amount (if any) by which your *defined benefit contributions for the financial year in respect of the defined benefit interest or interests exceed those notional taxed contributions.
Note: Section 291‑370 prevents some