Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p61
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 61/66)
Character Range: 381233–383965

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.

6.42  Meaning of splittable contribution
 (1) Subject to subregulations (2) and (3), a splittable contribution is:
 (a) a contribution to a regulated superannuation fund on or after 1 January 2006; or
 (b) an allocated surplus contribution amount that is allocated on or after 1 January 2006.
 (2) Each of the following, received for a member of a regulated superannuation fund, is not a 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;
 (d) a directed termination payment or an amount that would form part of the contributions segment of the superannuation interest.
 (3) A contribution by the Commonwealth, a State or a Territory to a public sector superannuation scheme in relation to a benefit that accrued in a financial year that commenced before